Coffman v. Jordan

District Court of Appeal of Florida

Coffman v. Jordan

305 So. 2d 227, 1974 Fla. App. LEXIS 7412

CourtDistrict Court of Appeal of Florida

DecidedDecember 13, 1974

DocketNo. 74-109

StatusPublished

Cited by1 cases

This text of 305 So. 2d 227 (Coffman v. Jordan) 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.

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Coffman v. Jordan, 305 So. 2d 227, 1974 Fla. App. LEXIS 7412 (Fla. Ct. App. 1974).

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Opinion

PER CURIAM.

This Petition for a Writ of Certiorari seeks review of a cost judgment in which Respondents were awarded $1500.00 for attorneys fees. Petitioners filed suit in the Circuit Court for breach of contract and accounting against the Respondents and subsequently voluntarily dismissed same pursuant to Florida Rules of Civil Procedure, Rule 1.420(a) (1) (i). Thereafter the trial court granted Respondents’ Motion to Tax Costs, including the disputed $1,500.00 for attorneys fees.

Attorneys fees are not an allowable item of taxable costs in a common law suit in this State except in certain instances which need not be repeated here. On the authority of Kittel v. Kittel, Fla.1967, 210 So.2d 1, the Petition for Writ of Certiorari is accordingly hereby granted and the Order of the trial court awarding attorneys fees as taxable costs is quashed. This cause is re[228]*228manded to the Circuit Court for further proceedings consistent herewith.

WALDEN and MAGER, JJ., and MOORE, JOHN H., II, Associate Judge, concur.

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PER CURIAM.

This Petition for a Writ of Certiorari seeks review of a cost judgment in which Respondents were awarded $1500.00 for attorneys fees. Petitioners filed suit in the Circuit Court for breach of contract and accounting against the Respondents and subsequently voluntarily dismissed same pursuant to Florida Rules of Civil Procedure, Rule 1.420(a) (1) (i). Thereafter the trial court granted Respondents’ Motion to Tax Costs, including the disputed $1,500.00 for attorneys fees.

Attorneys fees are not an allowable item of taxable costs in a common law suit in this State except in certain instances which need not be repeated here. On the authority of Kittel v. Kittel, Fla.1967, 210 So.2d 1, the Petition for Writ of Certiorari is accordingly hereby granted and the Order of the trial court awarding attorneys fees as taxable costs is quashed. This cause is re[228]*228manded to the Circuit Court for further proceedings consistent herewith.

WALDEN and MAGER, JJ., and MOORE, JOHN H., II, Associate Judge, concur.

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305 So. 2d 227, 1974 Fla. App. LEXIS 7412, Counsel Stack Legal Research, https://law.counselstack.com/opinion/coffman-v-jordan-fladistctapp-1974.

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