HARRY FELCHER AND SADIE FELCHER, PETITIONERS,
v.
JOSEPH A. ARACE AND JOSEPH N. ARACE, RESPONDENTS
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The Florida District Court of Appeal reviewed a cost order, modifying it to exclude the cost of a discovery deposition from a prior, terminated case. The court held that costs are generally limited to those incurred in the current litigation.
No, the cost of a discovery deposition taken and filed in a prior, terminated case cannot be taxed as a cost in a subsequent case. Costs are generally limited to those incurred in the current litigation.
“The deposition was not taken in the present case. It was taken and filed in a prior case which had been terminated.”
Establishes the factual basis for the court's decision regarding the deposition's relevance to the current case.
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Join FLexlaw to unlock all legal intelligenceThe defendants, having lost a law action, were ordered to pay costs. They challenged the inclusion of the cost of a discovery deposition of one of the…
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This matter is before us on a petition under Rule 3.16, F.A.R., 31 F.S.A., to review a cost order. As the losing parties in a law action the costs were adjudged against the defendants. They now challenge inclusion of the cost of a discovery deposition of the defendant Joseph A. Arace. The deposition was not taken in the present case. It was taken and filed in a prior case which had been terminated. The deposition represented a cost item in the case in which it was taken and filed, and not in the subsequent case. Gamble Robinson Commission Co. v. Union Pac. R. Co., 180 Ill.App. 256, 268, aff’d, 262 Ill. 400, 104 N.E. 666, Ann.Cas.1915B, 89. Accordingly, the order to which the petition is directed is modified to eliminate the said item of $34.70, being the cost of the deposition in question.
It is so ordered.
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