MILLARD E. BRYAN, APPELLANT,
v.
RUTH E. BRYAN, APPELLEE
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Court affirmed a divorce judgment awarding alimony but vacated the court costs award for lack of proper documentation under Florida Statutes § 57.021.
A trial court's assessment of court costs in a divorce judgment must be supported by a duplicate costs bill on file, and absent such documentation, the costs award must be vacated.
[1] Court costs assessed in a divorce judgment must be supported by a duplicate costs bill filed among the original papers as required by Florida Statutes § 57.021, and absen…
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Join FLexlaw to unlock all legal intelligence“Section 57.021, Florida Statutes (1975), requires that a duplicate of the costs bill enumerating each item of costs shall be kept on file among the original papers in the action.”
Court explaining the statutory requirement for proper documentation of court costs.
Appellant husband appealed a final judgment dissolving his marriage and awarding alimony to the wife, with court costs of $288.81 assessed against him…
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PER CURIAM.
Appellant/husband takes an appeal from a final judgment dissolving his marriage and making certain awards of alimony to the wife and assessing costs against him.
After considering the record and briefs, we are of the view that appellant’s arguments are lacking in merit, with the exception of his attack on Paragraph 5 of the final judgment which assessed court costs in the amount of $288.81 against appellant.
The record before this court does not reveal any motion to tax costs or any other documentation to sustain the sum awarded as court costs by the trial court. Section 57.021, Florida Statutes (1975), requires that a duplicate of the costs bill enumerating each item of costs shall be kept on file among the original papers in the action.
Therefore, we vacate only that portion of the final judgment that ordered appellant to pay court costs. However, nothing herein shall prevent appellee from now filing an appropriate motion to tax costs in the trial court. Cf. Roberts v. Askew, 260 So. 2d 492 (Fla.1972).
We grant appellee’s motion for attorney’s fees for service on this appeal, the amount of said fees to be set by the trial court.
Affirmed in part, vacated in part, and remanded for further proceedings consistent herewith.
GRIMES, Acting C. J., and SCHEB and OTT, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
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Avie Lee Thornton v. Lacy Thornton, Jr., 433 So. 2d 682 (Fla. 5th DCA 1983)…torney’s fees on appeal have been addressed in several cases. The authority of the appellate court to award attorney’s fees is based on the interpretation of section 61.16 as authorizing fee awards both at trial and on appeal. Bryan v. [*684] Bryan, 342 So. 2d 858 (Fla. 2d DCA 1977); Sommese v. Sommese, 324 So. 2d 647 (Fla. 1st DCA 1976); Ruhnau v. Ruhnau, 299 So. 2d 61 (Fla. 1st DCA 1974); Lovett v. Lovett, 194 So. 2d 916 (Fla. 2d DCA 1967). The difficulty is not in ascertaining the authority for such fees,…
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B.K. v. S.D.C., 122 So. 3d 980 (Fla. 2d DCA 2013)…, it mirrored the attorneys’ fees provision of section 61.16, Florida Statutes (1991). At that time, Florida courts interpreted section 61.16 to allow for appellate attorney fees even though it contained no such express language. See Bryan v. Bryan, 342 So. 2d 858 (Fla. 2d DCA 1977); Thornton v. Thornton, 433 So. 2d 682, 683-84 (Fla. 5th DCA 1983); Baucom v. Baucom, 397 So. 2d 345 (Fla. 3d DCA 1981); Sommese v. Sommese, 324 So. 2d 647 (Fla. 1st DCA 1976); Ludemann v. Ludemann, 317 So. 2d 860 (Fla. 4th DCA 197…
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McPherson v. Michaela Bittner, 126 So. 3d 1230 (Fla. 4th DCA 2012)…n, 433 So. 2d 682, 683-84 (Fla. 5th DCA 1983), the court explained: The authority of the appellate court to award attorney’s fees is based on the interpretation of section 61.16 as authorizing fee awards both at trial and on appeal. Bryan v. Bryan, 342 So. 2d 858 (Fla. 2d DCA 1977); Sommese v. Sommese, 324 So. 2d 647 (Fla. 1st DCA 1976); Ruhnau v. Ruhnau, 299 So. 2d 61 (Fla. 1st DCA 1974); Lovett v. Lovett, 194 So. 2d 916 (Fla. 2d DCA 1967). See also Gieseke v. Gieseke, 499 So. 2d 839, 839 (Fla. 4th DCA 198…
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Roberts v. Reubin O'D. Askew, 260 So. 2d 492 (Fla. 1972)