MARGUERITE J. CARLSON, APPELLANT,
v.
FREDERICK T. CARLSON, APPELLEE

Fla. 2d DCA | 1959-09-18
No. 1172
ALLEN, C. J., KANNER, J., and BARKER, ROGER, A., Associate Judge, concur.
114 So. 2d 466 Florida District Court of Appeal, Second District (1959) Caution
Cited by 18 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

Affirmed. Motion for attorneys’ fees denied.

ALLEN, C. J., KANNER, J., and BARKER, ROGER, A., Associate Judge, concur.


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  • …fendant should be compensated for his expenses; or else he shall have been forced to expend funds for nothing. The trial judge in awarding the costs in question did not abuse his discretion. See Spencer v. Florida-Georgia Tractor Co., Fla. App.1959, 114 So. 2d 466. The judgment for the defendants Isa-dore, Max, Mary and Ida Rudo is affirmed. The judgment for the defendant Great Atlantic & Pacific Tea Co. is reversed. The cost judgment for the Rudos is affirmed and reversed as to A & P. Affirmed in part and…
  • Butler v. Borowsky, 120 So. 2d 656 (Fla. 3d DCA 1960)
    …due and for expenses actually incurred.” 8 Fla.Jur., Costs, § 23. The taxation of costs is particularly within the discretion of the trial judge. Anderson v. Carter, Fla.App.1958, 100 So. 2d 831; Spencer v. Florida-Georgia Tractor Co., Fla.App.1959, 114 So. 2d 466. The sheriff’s fee regarding a person whose deposition or testimony was not taken cannot be allowed to stand as recoverable cost. See In re First Bond & Mortgage Company, 5 Cir., 1935, 74 F. 2d 930. Cf. Dorner v. Red Top Cab & Baggage Co., 160 Fla.…
  • Davis v. Davis, 301 So. 2d 154 (Fla. 3d DCA 1974)
    …d costs, the court in the exercise of sound discretion may apportion costs. See, 8 Fla.Jur. Costs § 8. Taxation of costs is a matter properly within the discretion of the trial judge. Spencer v. Florida-Georgia Tractor Com [*158] pany, Fla.App.1959, 114 So. 2d 466. Furthermore, by statute it is provided that in a declaratory action, which the appellant instituted in this case, the court may award costs as are equitable. See Fla.Stat. § 86.-081, F.S.A. (1973). Therefore, for the reasons stated and upon the au…

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