STACY GRANOFF, A MINOR, ETC., ET AL., PETITIONERS,
v.
MURRAY CHERIN, RESPONDENT
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Florida appellate court quashed portions of a cost judgment that improperly included attorney's fees and estimated (not yet incurred) court reporter transcription costs in an automobile negligence action.
Attorney's fees and estimated court reporter transcription costs cannot be taxed as costs in a common law automobile negligence action.
[1] Attorney's fees are not taxable costs in an automobile negligence action under Florida law, as they are only allowed to the prevailing party in certain statutorily author…
[2] Estimated costs for court reporter transcription that have not yet been incurred cannot be assessed as taxable costs.
Previewing 2 of 2 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“Attorney's fees are not a portion of the taxable costs in a common law suit in this state. They are allowed to the prevailing party in certain instances which need not be discussed here.”
Court explaining the general rule regarding attorney's fees in cost assessments
Plaintiff-petitioner voluntarily dismissed an automobile negligence action near the completion of trial, and the circuit court entered a judgment asse…
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We are presented with a petition for certiorari to review the circuit court’s judgment assessing costs. The court’s judgment was entered pursuant to Rule 1.420(d), RCP, 30 F.S.A., after the plaintiff-petitioner had taken a voluntary dismissal near the completion of trial. Only two portions of the cost judgment are challenged. The first is that portion of the judgment which found that the reasonable value of attorney’s services to the defendant-respondent was in the amount of $4,530, but reserved ruling on the defendant’s motion to tax the same as costs. Attorney’s fees are not a portion of the taxable costs in a common law suit in this state. They are allowed to the prevailing party in certain instances which need not be discussed here. See Kittel v. Kittel, Fla.1967, 210 So.2d 1. Inasmuch as this cause is an automobile negligence action, there is no authority for the assessment of an attorney’s fee. Rule 1.420(d), RCP, 30 F.S.A., does not provide such authority.
The second challenged portion of the cost judgment allows as an element of costs the estimated price of the reporter’s *431transcription of the record of the incomplete trial. This item may not be allowed inasmuch as it has not been incurred. See Butler v. Borowsky, Fla.App.1960, 120 So. 2d 656. The judgment assessing costs is quashed as to the two items discussed in this opinion and the court may, upon the entry of our judgment, enter an amended judgment if it sees fit.
It is so ordered.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
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Allie William Campbell v. Maze, 339 So. 2d 202 (Fla. 1976)…om a specific fund or property which may be lawfully charged with their payment, attorney’s fees may not be recovered except when specifically authorized by statute or by agreement of the parties. . . . ” 281 So. 2d at 381, citing Granoff v. Cherin, 270 So. 2d 430 (Fla.App.3rd 1972); Kittel v. Kittel, 210 So. 2d 1 (Fla.1967); Thibert v. Thibert, 106 So. 2d 918 (Fla.App.3rd 1958). Judge Wigginton also noted that neither case cited by the First District majority supports taxation of attorney’s fees as costs. I…
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Bankers Multiple Line Ins. Co. v. James C. Blanton d. b. n. of the Estate of Donal Eugene Smith, 352 So. 2d 81 (Fla. 4th DCA 1977)…r costs entered in that action. Attorney’s fees are not taxable costs under Fla.R.Civ.P. 1.420(d) unless made a part of costs by contract or statute. See, for example, City of Hallandale v. Chatlos, 236 So. 2d 761 (Fla.1970), and Granoff v. Cherin, 270 So. 2d 430 (Fla.3d DCA 1972). A statute providing for an award of [*83] costs cannot be judicially expanded to include attorney’s fees. Harris v. Richard N. Groves Realty, Inc., 315 So. 2d 528 (Fla. 4th DCA 1975). The court below was therefore correct in denyi…
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State v. Griffin, 332 So. 2d 54 (Fla. 2d DCA 1976)…t of Citrus v. Griffin and Griffin v. State, Department of Citrus (Fla.App.2d, 1972), 257 So. 2d 116; (cert. discharged (Fla.1972), 266 So. 2d 36). . See Campbell v. Maze (Fla.App. 4th, 1975), 307 So. 2d 234; Granoff v. Cherin. (Fla.App. 3d, 1972), 270 So. 2d 430; Craft v. Clarembeaux (Fla.App. 2d, 1964), 162 So. 2d 325. But cf. Giachetti v. Johnson (Fla.App. 2d, 1975), 308 So. 2d 143. A similar rule applies to an order awarding costs after a declaration of mistrial, Lake Region Paradise Island, Inc. v. Grav…
Previewing 3 of 6 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Kittel v. Anne B. Kittel, 210 So. 2d 1 (Fla. 1967)
- Butler v. Borowsky, 120 So. 2d 656 (Fla. 3d DCA 1960)