MARY A. CRUGER
v.
CITY OF MIAMI
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The Florida Supreme Court addressed a plaintiff's application to tax costs against the defendant after a judgment was entered. The court allowed most of the requested costs, citing precedent, but disallowed costs for a court reporter's transcript and an expert medical witness.
The court allowed the taxation of docket fees, costs paid to the Circuit Court Clerk, transcript preparation expenses, and sheriff's costs. The court disallowed costs for the court reporter's transcript and fees for an expert medical witness.
“The following items of costs are allowed and taxed on authority of the opinion and judgment in the case of Henderson v. Morton, filed February 13, 1934, reported 152 Sou. 712:”
Establishes the basis for allowing certain cost items.
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Join FLexlaw to unlock all legal intelligenceThe plaintiff in error sought to tax costs against the defendant in error after a judgment was entered. The plaintiff requested reimbursement for vari…
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In this case the plaintiff in error has filed application for taxing of costs against the defendant in error during the term at which judgment was' entered.
The following items of costs are allowed and taxed on authority of the opinion and judgment in the case of Henderson v. Morton, filed February 13, 1934, reported 152 Sou. 712:
Supreme Court Clerk docket fee................$ 12.00
Costs paid to Clerk of Circuit Court as prerequisite to right of appeal...'................. 74.80
Expenses, making up transcript of record, original .................................................... 70.80
Expenses, makifig up transcript of record,
copy to be served on opposite party,
required under Rules............................ 35.40
Sheriff’s costs, paid as prerequisite to appeal ........................................................ 2.95
Total ................................................$.196.05
The item of $167.00 for Court Reporter transcribing record is disallowed on authority of Dubose Construction Co. v. City of Miami, 150 Sou. 712.
*797The item of fees paid to an expert medical witness is disallowed because there is no provision of law authorizing the taxation of this item of cost against the adverse party.
Costs will be taxed according to this Order.
Davis, C. J., and Whitfield, Terrell and Buford, J. J., concur.
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Citator
Cited By
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Inland Waterway Develop. v. City of Jacksonville, 38 So. 2d 676 (Fla. 1948)…uces him. Cheatham Electric Switching Device v. Transit Development Company, 2 Cir., 261 F. 792; City of St. Louis v. Meintz, 107 Mo. 611, 18 S.W. 30; City of Los Angeles v. Vickers, 81 Cal.App. 737, 254 P. 687; Cruger v. City of Miami, 113 Fla. 795,154 So. 854; 14 Am.Jur. 35. Just compensation in a condemnation proceeding may have reference to the value of the property condemned and any damage that may be occasioned to property not condemned. The point is also made that the trial court committed error in…
Authorities Cited
- Hardie Sloan v. State, 114 Fla. 4 (Fla. 1934)
- Duboise Constr. Co. v. City of S. Miami, 112 Fla. 565 (Fla. 1933)