DOCTOR RICARDO E. DEL REAL, M.D., AND EMPLOYERS FIRE INSURANCE COMPANY, PETITIONERS,
v.
THOMAS W. DAWSON ET AL., RESPONDENTS
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The court held that the trial court's refusal to tax costs is not reviewable by writ of certiorari because the petitioners failed to demonstrate error.
Defendants, after voluntarily dismissing a medical malpractice suit, sought to tax various costs including court reporter fees, expert witness fees, d…
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DOWNEY, Judge.
Doctor Ricardo E. del Real and his insurance carrier, defendants in a medical malpractice suit voluntarily dismissed by the plaintiff-respondents after several days of trial, seek review by petition for writ of certiorari the trial court’s refusal to tax as costs: the court reporter’s per diem for attendance at trial; expert witness fees for three physicians whose depositions were taken by petitioners prior to trial; copies of depositions of expert witness and nurses taken by respondents; and the expense of a trip to Chicago, Illinois, for petitioners’ counsel to attend a deposition taken by respondents.
Respondents contend that review of the order on a motion to tax costs is not reviewable by petition for writ of certiorari. We disagree. Chatlos v. City of Hallandale, Fla. 1969, 220 So. 2d 353.
We have seriously considered petitioners’ argument that it was error for the trial court not to grant the various items of costs, particularly in view of the posture of the case when it was terminated and the fact that many of the items are ordinarily taxable. However, on the record presented to us petitioners have simply failed to demonstrate error. The taxation of costs is a matter traditionally within the discretion of the trial court, Cohn v. Florida National Bank at Orlando, Fla.App.1969, 223 So. 2d 767, and for aught we know the trial judge may have had good grounds for exercising his discretion as he did.
The Petition for Writ of Certiorari is denied.
WALDEN, C. J., and OWEN, J., concur.
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Oriental Imports, Inc. v. Rosario Alilin and E. Roger Alilin, M.D., 559 So. 2d 442 (Fla. 5th DCA 1990)…(Fla. 1st DCA 1979); Warren Hunnicutt, Jr., Inc. v. Gleason, 462 So. 2d 878 (Fla. 2d DCA 1985); A.M. Mfg., Inc. v. Baratz, 518 So. 2d 421 (Fla. 4th DCA 1988). But see Puder v. Revitz, 424 So. 2d 76 (Fla. 4th DCA 1982), and del Real, M.D. v. Dawson, 320 So. 2d 20 (Fla. 4th DCA 1975). The determination of the amount and type of costs that are appropriate for the action in which they were incurred is the task of the trial court rather than the initial determination of whether the successful litigant is entitl…
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United States Auto. Ass'n v. Johnston, 352 So. 2d 1190 (Fla. 4th DCA 1977)…plain that the court should have assessed costs against all Defendants equally even though the Appellee-Defendants settled before the verdict on damages. Costs awards are generally within the sound discretion of the trial judge, del Real v. Dawson, 320 So. 2d 20 (Fla. 4th DCA 1975). Appellants have not shown the trial judge abused his discretion. We have considered the remaining points on appeal and find them without merit. AFFIRMED. ALDERMAN, C. J., and LETTS, J., con- • cur.…
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Solimando v. Aloha Med. Ctr. & William J. Young, M.D., 594 So. 2d 850 (Fla. 2d DCA 1992)…SCHOONOVER, C.J., and RYDER and PATTERSON, JJ., concur. . Certiorari is the proper vehicle to review an order entered after a nonfinal, nonappealable voluntary dismissal. Chatlos v. City of Hallandale, 220 So. 2d 353 (Fla.1968); del Real v. Dawson, 320 So. 2d 20 (Fla. 4th DCA 1975).…
Previewing 3 of 7 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Chatlos v. City OF Hallandale, 220 So. 2d 353 (Fla. 1968)
- Cohn v. Fla. Nat'l Bank AT Orlando, 223 So. 2d 767 (Fla. 4th DCA 1969)