ALLIE WILLIAM CAMPBELL ET AL., PETITIONERS,
v.
JAMES W. MAZE, RESPONDENT
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OWEN, Chief Justice.
Petitioners (defendants in a personal injury action in which plaintiff took a voluntary dismissal) seek review of an order taxing costs pursuant to Rule 1.420(d), R.C.P., wherein the court declined to assess attorney’s fees as part of the costs.
In support of their position, the petitioners rely upon the case of Royal-Globe Insurance Companies v. Indian River Gas Co., Fla.App.1973, 281 So. 2d 380.1 That was a split decision, and with due deference, we decline to follow that case. Instead, we adopt the view expressed by Judge Wigginton in his dissent, wherein he stated as follows:
“It has long been the law of Florida that except where attorney’s fees may be al lowed in equity from 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.” (Footnote Omitted.)
We conclude that the petition for writ of certiorari is without merit and therefore it should be and is hereby denied.
Certiorari denied.
WALDEN and MAGER, JJ, concur. . Petitioners also cite numerous federal decisions, the citations of which we omit.
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Citator
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Sholkoff v. Boca Raton Cmty. Hosp., Inc., 693 So. 2d 1114 (Fla. 4th DCA 1997)…rs denying costs after the voluntary dismissal. See Wiper Hut Systems Inc. v. Steavens, 626 So. 2d 289 (Fla. 4th DCA 1993); Rose Printing Co. Inc. v. Wilson, 602 So. 2d 600 (Fla. 1st DCA 1992), aff'd, 624 So. 2d 257 (Fla.1993); and Campbell v. Maze, 307 So. 2d 234 (Fla. 4th DCA 1975), aff'd 339 So. 2d 202 (Fla.1976). We therefore hold that, even under the Florida Rules of Appellate Procedure, Chatios is still good law, and the proper method to obtain review of orders awarding and denying costs after a volunta…
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Allie William Campbell v. Maze, 339 So. 2d 202 (Fla. 1976)…[*203] OVERTON, Chief Justice. This cause is before us on petition for writ of certiorari to review the decision of the Fourth District Court of Appeal reported at 307 So. 2d 234 (Fla.App.4th 1975). The decision reported there conflicts with Royal-Globe Insurance Companies v. Indian River Gas Company, 281 So. 2d 380 (Fla.App.1st 1973). We have jurisdiction.1 The issue to be decided is whether costs taxable to a plaintiff ta…
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State v. Griffin, 332 So. 2d 54 (Fla. 2d DCA 1976)…ffin (Fla.App.2d, 1971), 249 So. 2d 42; State, Department 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 declaratio…1 / 2
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Shannon v. State, 281 So. 2d 380 (Fla. 1st DCA 1973)
- Royal-Globe Ins. Cos. v. Indian River GAS Co., 281 So. 2d 380 (Fla. 1st DCA 1973)