DUBOISE CONSTRUCTION CO.
v.
CITY OF SOUTH MIAMI
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This case involves a dispute over the taxation of costs on appeal. The Florida Supreme Court clarified which costs are properly taxable as costs of appeal versus costs of the trial.
The Supreme Court held that the clerk's filing fee and the cost of certifying the transcript of record are taxable as costs of appeal. However, the cost of the court reporter transcribing trial testimony is a cost of the trial, not an appeal cost.
“The item of $155.00 claimed for costs paid the Court Reporter for reporting the trial, and transcribing the testimony, is not properly taxable in the Supreme Court as part of the costs of appeal, but is part of the costs of the trial that may be allowed in the Circuit Court against the losing party in the course of entering a final judgment in the cause for the successful party.”
This quote explains the court's reasoning for disallowing the court reporter's fee as an appeal cost.
The plaintiff in error sought to tax certain costs of appeal, including a fee paid to the Court Reporter for transcribing trial testimony. The court c…
The full statement of facts, procedural history, and disposition for this case are member content.
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Upon consideration of the motion to tax costs of appeal herein, it is ordered that the following items be taxed and allowed as costs of appeal, to plaintiff in error, the amount thereof to be entered nunc pro tunc in the body of the judgment on appeal entered by this Court, in compliance with Supreme Court Rule 24, to-wit:
Clerk’s filing fee in Supreme Court______ $12.00
Costs paid Clerk Circuit Court for perfecting and certifying transcript of record 44.20
Total costs' allowed in Supreme Court__$56.20
*566The item of $155.00 claimed for costs paid the Court Reporter for reporting the trial, and transcribing the testimony, is not properly taxable in the Supreme Court as part of the costs of appeal, but is part of the costs of the trial that may be allowed in the Circuit Court against the losing party in the course of entering a final judgment in the cause for the successful party.
Let an order be entered accordingly.
Davis, C. J., and Whitfield, Ellis, Terrell, Brown and Buford, J. J., concur.
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