MARY AVERY JONES GRAVES
v.
J. RAYMOND GRAVES
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This case concerns the court's approval of a circuit judge's recommendations regarding costs and attorney's fees for an appeal. The Supreme Court ordered the appellee to pay attorney's fees and deposit funds for the transcript and testimony, with adjustments for cost savings.
The court approved the circuit judge's recommendations, ordering the appellee to pay the specified attorney's fee and deposit funds for the transcript and testimony, with provisions for cost savings.
“that the said appellee J. Raymond Graves be required by-order of court to deposit with J. E. Kelly, the official court reporter of Dade County, Florida, or with the clerk of said Circuit Court, the sum of Six Hundred Fifty ($650.00) Dollars;, or to-make- other arrangements suitable to, the.said court reporter to secure writing up the report of testimony in said cause, together with two copies thereof”
Establishes the court's order for the appellee to deposit funds for the court reporter.
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Join FLexlaw to unlock all legal intelligenceThe appellant sought costs and attorney's fees for the appeal. A circuit judge was appointed to take testimony and make recommendations. The judge rec…
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The Court having heretofore referred to the Honorable Worth W. Trammell, Circuit Judge, for the taking of testimony and for the making- to this Court of recommendations in the premis'es on application of the appellant as to certain costs and attorney’s fees which should be allowed to the appellant and paid by the appellee, and the Circuit Judge having submitted his report and recommendations in the premises, it is thereupon ordered and adjudged by the Court that the recommendations of the Circuit Judge allowing the sum of $750.00 as an attorney’s fee for representing the appellant in this' Court and that the further recommendation of the said Circuit Judge, viz.: “that the said appellee J. Raymond Graves be required by-order of court to deposit with J. E. Kelly, the official court reporter of Dade County, Florida, or with the clerk of said Circuit Court, the sum of Six Hundred Fifty ($650.00) Dollars;, or to-make- other arrangements suitable to, the.said court reporter to secure writing up the report of testimony *590in said cause, together with two copies thereof, one copy of which may be filed in the said Circuit Court as the original report of the testimony, and the original of which may be incorporated into the transcript of the record for the Supreme Court, thereby effecting a considerable saving, and the other copy of which may be available for use of both counsel in briefing upon the transcriptand the further recommendation of said Circuit Judge, viz.: “that the said appellee, J. Raymond Graves, deposit with E. B. Leather-man, as clerk of the Circuit Court, in and for Dade County, Florida, the sum of Eight Hundred Forty-two dollars and fifty cents ($842.50) to cover the cost of preparation and certifying the transcript of record of proceedings in this caus'e to the said Supreme Court; provided, however, that if a carbon of the testimony written up by the court reporter is filed herein for the original record, and the original imprint is certified to the Supreme Court in the transcript, that whatever saving is thereby effected, may be taken into account and deducted from the said sum of $842.50, and that the said appellee, in such event, shall deposit only so much as is necessary to secure the s'aid Clerk upon a revised estimate of the costs of the trans'cript, and to insure the certifying of the said transcript of record; counsel for the appellant having agreed to prepare the transcript of all other portions of the record, except the report of testimony, and to furnish the same to the Clerk for certification, and having stipulated that a carbon imprint furnished by the court reporter may be taken and considered by the said Circuit Court as the original record in said cause and so certified, and that the original imprint so furnished by said court reporter may be incorporated into the said transcript of. record to be certified to the Supreme Court,” be and it is hereby approved and the appellee is hereby required to make such payment of attorney’s fee to the appellant or her *591attorney of record; And that the said J. Raymond Graves do within fifteen days from the entry of this1 Order, deposit with the official court reporter of Dade County the sum of $650.00 to secure the writing up of the testimony in the cause, and to within 20 days of the entry of this Order deposit with E. B. Leatherman, clerk of the Circuit Court of Dade County, Florida, the sum of Eight Hundred Forty-two Dollars and Fifty Cents ($842.50) to cover the cost of preparation and certifying the transcript of record of proceedings in this cause to the said Supreme Court; provided, however, that if a carbon of the testimony written up by the court reporter is filed herein for the original record, and the original imprint is certified to the Supreme Court in the transcript, that whatever saving is thereby effected, may be taken into account and deducted from the said sum of $842.50, and that the said appellee, in such event, shall deposit only so much as is necessary to secure the s'aid clerk upon a revised estimate of the costs of the transcript, and to insure the certifying of the said transcript of record; counsel for the appellant having agreed to prepare the transcript of all other portions of the record, except the report of testimony, and to furnish the same to the clerk for certification, and having stipulated that a carbon imprint furnished by the court reporter may be taken and considered by the said Circuit Court as the original record in said caus’e and so certified, and that the original imprint so furnished by said court reporter may be incorporated into the said transcript of record, to be certified to the Supreme Court.
It is further ordered that the time for the filing of the transcript of record in this cause be extended until and including not less than ninety (90) days from the date upon which the said appellee furnishes the funds or means to make neces'sary arrangements in keeping with the order *592of. this Court to insure the securing of the report of the testimony and a certifying of the transcript of the record.
Objections to Circuit Judge’s report are overruled and request for oral argument on hearing of report and objections thereto is not allowed.
So ordered.
Terrell, C. J., and Whitfield, Buford, Chapman and Thomas, J. J., concur.
Justice Brown not participating as authorized by Section 4687, Compiled General Laws of 1927, and Rule 21-A of the Rules of this Court.
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Boyer v. Boyer, 588 So. 2d 615 (Fla. 5th DCA 1991)…the burden to show good faith and “reasonable grounds to believe that the appeal will be successful.” Phifer v. Phifer, 124 Fla. 223, 168 So. 9 (1936). Such awards have been granted in other Florida Supreme Court cases. See, e.g., Graves v. Graves, 138 Fla. 589, 189 So. 871 (1939) and Riesner v. Riesner, 129 Fla. 762, 176 So. 765 (1937). In Horn v. Horn, 73 So. 2d 905 (Fla.1954), the court held that the trial court had no power to enter an order requiring the payment of fees and costs in connection with an…1 / 2
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Miller v. Miller, 586 So. 2d 1315 (Fla. 5th DCA 1991)…eld a hearing. It then affirmed the lower court on the merits of the case and denied further awards to the appellant. This rather cumbersome procedure of making the cost and fee awards in the appellate court was soon discarded. In Graves v. Graves, 138 Fla. 589, 189 So. 871 (1939), the court remanded the cause to the circuit court to make the determination concerning the amount of cost and fee awards. See also Riesner v. Riesner, 129 Fla. 762, 176 So. 765 (1937). But, the appellate court retained the power…