CHARLES E. HORNER, PETITIONER,
v.
STATE OF FLORIDA, RESPONDENT

Fla. 3d DCA | 1963-01-22
No. 62-768
Before CARROLL, BARKDULL and HENDRY, JJ. .
148 So. 2d 553 Florida District Court of Appeal, Third District (1963) Positive Treatment
Cited by 6 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

This matter coming on before the court on a stipulation and an order of the trial court as to a certified question relating to certain “costs”, and it appearing that a ruling on the petition for costs would be reviewable pursuant to the provisions of Rule 3.16(c), F.A.R., 31 F.S.A., the certificate is, therefore, denied.


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  • Chatlos v. City OF Hallandale, 220 So. 2d 353 (Fla. 1968)
    …tlos, Fla.App. 1968, 211 So. 2d 53. . Manganelli v. Covington, Fla.App.3rd 1959, 114 So. 2d 320; In re Carol Florida Corp., Fla.App.3rd 1960, 118 So. 2d 837; Dade County v. Cross, Fla.App.3rd 1961, 127 So. 2d 141; Horner v. State, Fla. App.3d 1963, 148 So. 2d 553, and Dames v. Dames, Fla.App.3rd 1963, 156 So. 2d 532. . See cases cited in footnote 4. . Compare Jacksonville Terminal Co. v. Blanchard, Fla.1919, 77 Fla. 855, 82 So. 300; De Soto County v. Highsmith, Fla. 1952, 60 So. 2d 915. . De Soto County v…
  • Craft v. Marcel Clarembeaux, 162 So. 2d 325 (Fla. 2d DCA 1964)
    …This conclusion, certainly a reasonable one in light of the language of Rule 3.16(c), has apparently been adopted by our sister court of the Third District. In re Carol Florida Corp., Fla.App. 1960, 118 So. 2d 837. Cf. Horner v. State, Fla.App.1963, 148 So. 2d 553. However, we must decline to follow the decision in the Carol Florida Corp. case. In our view, the applicability of Rule 3.16(c) is limited to those cases involving the taxation of costs by a lower court when the cause has been in an appellate court…
  • City OF Hallandale v. Chatlos, 211 So. 2d 53 (Fla. 4th DCA 1968)
    …decisions to the effect that a cost judgment is reviewable only by petition under F.A.R. 3.16(c). See Giovannielli v. Lacedonia, Fla.App.1965, 179 So. 2d 407; Dames v. Dames, Fla.App. 1963, 156 So. 2d 532; Horner v. State of Florida, Fla.App. 1963, 148 So. 2d 553. The foregoing decisions were rendered by our sister court of the Third District. In Craft v. Clarembeaux, Fla.App.1964, 162 So. 2d 325, our sister court of the Second District has taken a different view and a view which we believe to be the proper…

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