ERNEST G. SILVERBERG AND ROBERT L. DONOVAN, APPELLANTS,

v.

THE STATE OF FLORIDA, APPELLEE

Citator

Cited By

• Cnty. OF ST. Lucie & Hartford Accident & Indem. Co. v. Browning, 358 So. 2d 253 (Fla. 4th DCA 1978)
  …t in turn. COPIES OF DEPOSITIONS In Florida Greyhound Lines v. Jones, 60 So. 2d 396 (Fla.1952), the Supreme Court held that the cost of copies of depositions taken in that case was not assessable against the losing party. See also Cohen v. Dennis, 209 So. 2d 465 (Fla. 3 DCA 1968). However, most cases concerning the assessment of deposition costs make no distinction between originals and copies. They refer only to “costs of deposition” and hold that such costs are taxable if they serve a useful purpose. See…
• Moore v. Caughey, 368 So. 2d 109 (Fla. 4th DCA 1979)
  …s to be some confusion. In Florida Greyhound Lines, Inc. v. Jones, supra, the Supreme Court, without discussion or reason, expressly held the expense of copies of depositions is not assessable as costs. Jones, supra, was followed in Cohen v. Dennis, 209 So. 2d 465 (Fla. 3rd DCA 1968), wherein the court seems to suggest as a rationale for the Jones holding that since counsel can examine the original deposition on file in the courthouse copies are not necessary.1 In the Browning case, supra, in approving the ta…
• Denes & Denes & Assocs., Inc. v. Walter E. Heller & Co. OF Fla., Inc., 396 So. 2d 760 (Fla. 3d DCA 1981)
  …t Córp., 356 So. 2d 1296 (Fla. 4th DCA 1978). [*761] Taxing of costs for a copy of deposition is error. Florida Greyhound Lines, Inc. v. Jones, 60 So. 2d 396 (Fla.1952); Gator Shoe Corp. v. Taudte, 384 So. 2d 1344 (Fla.3d DCA 1980); Cohen v. Dennis, 209 So. 2d 465 (Fla.3d DCA 1968). The award of attorney’s fees pursuant to Section 57.105, Florida Statutes (1978) is not merited under the facts of this case. Such an award is also inconsistent with a prior ruling by the court on appellees’ motion for summary j…

Authorities Cited

• Jalbert v. State, 95 So. 2d 589 (Fla. 1957)
• Cone v. State, 69 So. 2d 175 (Fla. 1953)
• Moorman v. State, 157 Fla. 267 (Fla. 1946)
• Benny John Borghese v. State, 158 So. 2d 785 (Fla. 3d DCA 1963)