CITY OF MIAMI, PETITIONER,
v.
GERI LILLIBRIDGE, RESPONDENT

Fla. 3d DCA | 1972-05-31
No. 71-1069
Before BARKDULL, C. J., and PEARSON and HENDRY, JJ.
262 So. 2d 719 Florida District Court of Appeal, Third District (1972) Negative Treatment
Cited by 4 cases

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Holding

The cost of a bail bond posted after conviction is not taxable against a municipality when the conviction is reversed.


Facts & Procedural History

The circuit court reversed a municipal court conviction of respondent. The circuit court then taxed costs against the City, including a supersedeas bo…

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Opinion of the Court
PER CURIAM.

PER CURIAM.

We are presented with a petition to review a judgment for costs against the City of Miami. See Rule 3.16, F.A.R., 32 F.S.A. A city of Miami municipal court conviction of the respondent, Geri Lillibridge, was reversed by the circuit court. The City’s petition for certiorari in this court was denied, 256 So.2d 272. Thereafter the respondent moved for an order taxing costs and the circuit court entered an order taxing costs against the City. This order *720included as an item allowed the sum of $85.00 for “supersedeas bond premium.” The City thereupon filed the instant petition.

The respondent has filed a reply to the petition in accordance with Rule 3.16(d), F.A.R., 32 F.S.A. No request for oral argument having been filed, we proceeded to a determination of the petition.

The cost of a bail bond posted after conviction is not taxable against a municipality upon reversal of the conviction. City of Miami v. Gilbert, Fla.App.1958, 102 So.2d 818.1

Accordingly, the order taxing costs against the City of Miami in the amount of $170.00 is quashed with directions to enter an order taxing costs in the amount of $85.00.

It is so ordered.


Cases With Similar Vibessemantic neighbors from the corpus


Citator

Cited By

  • Geri Lillibridge v. City OF Miami, 276 So. 2d 40 (Fla. 1973)
    …CARLTON, Chief Justice: This case is before us on petition for writ of certiorari because of conflicting interpretations of Fla.Stat. § 924.41, F.S.A., in this case (reported at 262 So. 2d 719) and in Wood v. City of Jacksonville, 248 So. 2d 176 (1st DCA Fla.1971). We have jurisdiction pursuant to Article V, Section 3(b)(3), Florida Constitution, F.S.A. Petitioner was convicted of violating a Miami municipal ordinance, but the convic [*4…
  • City OF Miami v. Geri Lillibridge, 278 So. 2d 671 (Fla. 3d DCA 1973)
    …[*672] ORDER ON MANDATE PER CURIAM. Whereas, the judgment of this court was entered on May 31, 1972 (262 So. 2d 719) quashing the order of the Circuit Court of Dade County, Florida, in the above styled cause; and Whereas, on review of this court’s judgment, by certiorari, the Supreme Court of Florida, by its opinion and judgment filed April 10, 1973 (276 So. 2d…

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