CITY OF MIAMI, A MUNICIPAL CORPORATION, PETITIONER,
v.
MARY GILBERT, RESPONDENT
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
The fee for a supersedeas bond paid by a respondent appealing a municipal ordinance conviction is not recoverable as costs.
The City of Miami sought review of an order taxing the fee for a supersedeas bond as costs. The respondent was convicted of a city ordinance violation…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
The petitioner, City of Miami, by petition for a writ of certiorari seeks review of an order of the circuit court taxing as costs the fee for a supersedeas bond paid by the respondent upon an appeal to *819the circuit court from the Municipal Court of the City of Miami.
The respondent was convicted of a violation of an ordinance of the City of Miami and was thereupon fined the sum of $500 or 60 days in jail, or an additional 60 days in jail if the fine was not paid. From this judgment and sentence an appeal was taken to the circuit court1 and the amount of the appeal bond was set at $1500. A fee of $150 was paid to a surety company in order to procure this bond. The judgment of the municipal court was reversed. Thereafter, an affidavit of costs was filed and upon motion of the respondent, the circuit court entered an order granting several items as costs. One of the items granted was the fee paid for the appeal bond.
Costs in a criminal proceeding are not recoverable in the absence of a statutory provision. See Lindsey v. Dykes, 129 Fla. 65, 175 So. 792 and cases cited at 62 C.J.S. Municipal Corporations § 381, p. 726.
The respondent urges that a prosecution for the violation of a municipal ordinance is a civil case at law which would place the assessment of costs within the purview of § 58.08, Fla.Stat., F.S.A.2 While it has been held that punishment of offenses against municipal ordinances are not “criminal prosecutions”3 as contemplated by Section 11, Declaration of Rights, Fla.Const., 25 F.S.A.4 nevertheless, they do partake of the nature of criminal rather than civil proceedings.5
Sect. 58.08, supra, is by its terms expressly limited to “any civil cause.” It cannot reasonably be construed to apply to the proceedings of a municipal court which are quasi-criminal in character. The right sought to be vindicated by judgment is that of the public against an individual for the violation of a duly constituted ordinance, and the end sought by prosecuting the violator is punishment for an injury to the community and not recompense for the benefit of an individual.
The petition for writ of certiorari is granted and that portion of the order of *820the circuit court taxing as costs the fee paid for the respondent’s appeal bond is quashed.
CARROLL, CHAS., C. J., and HORTON, J., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Wood v. City OF Jacksonville, 248 So. 2d 176 (Fla. 1st DCA 1971)…judgment appealed is approved and the writ denied. RAWLS, J., and MELVIN, WOODROW M., Associate Judge, concur. . Dresner v. City of Tallahassee (Fla.1964) 164 So. 2d 208. . 20 C.J.S. Costs § 435, p. 677. . City of Miami v. Gilbert (Fla.App.1958) 102 So. 2d 818; State ex rel. Royal Ins. Co. v. Barrs, 87 Fla. 168, 99 So. 668. . F.S. § 939.06, F.S.A. . Rule 6.1, F.A.R., 32 F.S.A. . Rule 6.8, F.A.R. . F.S. § 932.52(7), F.S.A. . Rule 3.16, F.A.R. . F.S. § 924.41(5), (6), F.S.A.…
-
Williams v. State, 596 So. 2d 758 (Fla. 2d DCA 1992)…inal case unless specifically authorized by statute. Lindsey v. Dykes, 129 Fla. 65,175 So. 792 (1937); Masters v. State, 358 So. 2d 1143 (Fla. 1st DCA 1978); Wood v. City of Jacksonville, 248 So. 2d 176 (Fla. 1st DCA 1971); City of Miami v. Gilbert, 102 So. 2d 818 (Fla. 3d DCA 1958). The circuit court rejected Williams’s argument that the county court lacked such authority. We disagree. The order under review did not point to any specific statutory provision allowing recovery for expenses incurred in connecti…
-
City OF Miami v. Aguilera, 133 So. 2d 115 (Fla. 3d DCA 1961)…rcuit court judgment affirming a municipal court judgment which was based upon the violation of a municipal ordinance. This court has already decided the question presented by the instant petition. On authority of City of Miami v. Gilbert, Fla.1958, 102 So. 2d 818, the petition for certiorari is granted and the order of the circuit court taxing as costs the fee for the supersedeas bond is quashed. It is so ordered.…
Previewing 3 of 7 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Wright v. Worth, 83 Fla. 204 (Fla. 1922)
- Lindsey v. Geo. J. Dykes, 129 Fla. 65 (Fla. 1937)
- State v. Parks, 129 Fla. 64 (Fla. 1937)