Abdo v. City of Daytona Beach

District Court of Appeal of Florida

Abdo v. City of Daytona Beach

151 So. 2d 53, 1963 Fla. App. LEXIS 3497

CourtDistrict Court of Appeal of Florida

DecidedMarch 26, 1963

DocketNo. D-333

StatusPublished

Cited by3 cases

This text of 151 So. 2d 53 (Abdo v. City of Daytona Beach) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Abdo v. City of Daytona Beach, 151 So. 2d 53, 1963 Fla. App. LEXIS 3497 (Fla. Ct. App. 1963).

Pincite

Opinion

PER CURIAM.

The appellant herein has moved this court to tax an item of $19.00 costs expended by appellant in the Supreme Court of Florida as an incident to certiorari proceedings in that court testing an opinion and judgment of this court in favor of appellant filed December 18, 1962; and in support thereof shows that on March 5, 1963, the Supreme Court of Florida denied appellee’s petition for writ of certiorari. Appellant relies on Florida Appellate Rule 3.16, subd. b, 31 F.S.A. which provides that “All costs including appellate costs shall be taxed in the lower court pursuant to law.” We hold that said rule contemplates the taxing of such costs in the trial court, subject to review as provided by subparagraphs “c” and “d” of said rule.

The motion filed in this court must be and it is denied, without prejudice to appellant to apply to the trial court for the taxation of such costs.

IT IS SO ORDERED.

DONALD K. CARROLL, Chief Judge, and STURGIS and RAWLS, JJ., concur.

Free access — add to your briefcase to read the full text and ask questions with AI

PER CURIAM.

The appellant herein has moved this court to tax an item of $19.00 costs expended by appellant in the Supreme Court of Florida as an incident to certiorari proceedings in that court testing an opinion and judgment of this court in favor of appellant filed December 18, 1962; and in support thereof shows that on March 5, 1963, the Supreme Court of Florida denied appellee’s petition for writ of certiorari. Appellant relies on Florida Appellate Rule 3.16, subd. b, 31 F.S.A. which provides that “All costs including appellate costs shall be taxed in the lower court pursuant to law.” We hold that said rule contemplates the taxing of such costs in the trial court, subject to review as provided by subparagraphs “c” and “d” of said rule.

The motion filed in this court must be and it is denied, without prejudice to appellant to apply to the trial court for the taxation of such costs.

IT IS SO ORDERED.

DONALD K. CARROLL, Chief Judge, and STURGIS and RAWLS, JJ., concur.

Cite This Page — Counsel Stack

Bluebook (online)

151 So. 2d 53, 1963 Fla. App. LEXIS 3497, Counsel Stack Legal Research, https://law.counselstack.com/opinion/abdo-v-city-of-daytona-beach-fladistctapp-1963.

Opinion

Related

Cite This Page — Counsel Stack