Coleman v. American Airlines

District Court of Appeal of Florida

Coleman v. American Airlines

183 So. 3d 1065, 2015 Fla. App. LEXIS 5883, 2015 WL 1811892

CourtDistrict Court of Appeal of Florida

DecidedApril 22, 2015

DocketNo. 1D14-2232

StatusPublished

This text of 183 So. 3d 1065 (Coleman v. American Airlines) 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

Coleman v. American Airlines, 183 So. 3d 1065, 2015 Fla. App. LEXIS 5883, 2015 WL 1811892 (Fla. Ct. App. 2015).

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Opinion

PER CURIAM.

In this worker’s compensation case, Claimant appeals the Judge of Compensation Claims’ (JCC’sj award of $2,645.70 in taxable costs payable by Claimant to the Employer/Carrier (E/C) under section 440.34(3), Florida Statutes (2011). Under section 440.34(3), a prevailing party is entitled to reimbursement of all reasonable costs. See, e.g., Punsky v. Clay Cnty. Bd. of Cnty. Comm’rs, 60 So.3d 1088, 1093 (Fla. 1st DCA 2011) (holding that award of all reasonable costs of litigation to prevailing party is mandatory under section 440.34(3)). In this appeal, Claimant challenges a limited portion of the total award, asserting that some of the costs claimed were unreasonable and not recoverable under Florida law.

An award of specific costs is generally reviewed for abuse of discretion. Marbon v. Fla. Hosp. Ormond Beach, 98. So.3d 754, 756 (Fla. 1st DCA 2012) citing Punsky, 60 So,3d at 1092. In reviewing, a discretionary act, the appellate court should apply the “reasonableness test” to determine whether the trial judge abused his discretion. Canakaris v. Canakaris, 382 So.2d 1197, 1203 (Fla.1980). We agree with Claimant that the costs reasonably necessary to defend the claims here would not include the cost of the condensed versions of deposition transcripts which was incurred in addition to the cost for the original and one copy (i.e., a third. copy of the depositions). Finding no merit in the other challenges raised by Claimant, we MODIFY the order below to exclude the $150.00 in costs for the condensed transcripts and to award the E/C the sum of $2,495.70 in taxable costs. The order, as MODIFIED, is AFFIRMED.

THOMAS, MARSTILLER, and BILBREY, JJ., concur.

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PER CURIAM.

In this worker’s compensation case, Claimant appeals the Judge of Compensation Claims’ (JCC’sj award of $2,645.70 in taxable costs payable by Claimant to the Employer/Carrier (E/C) under section 440.34(3), Florida Statutes (2011). Under section 440.34(3), a prevailing party is entitled to reimbursement of all reasonable costs. See, e.g., Punsky v. Clay Cnty. Bd. of Cnty. Comm’rs, 60 So.3d 1088, 1093 (Fla. 1st DCA 2011) (holding that award of all reasonable costs of litigation to prevailing party is mandatory under section 440.34(3)). In this appeal, Claimant challenges a limited portion of the total award, asserting that some of the costs claimed were unreasonable and not recoverable under Florida law.

An award of specific costs is generally reviewed for abuse of discretion. Marbon v. Fla. Hosp. Ormond Beach, 98. So.3d 754, 756 (Fla. 1st DCA 2012) citing Punsky, 60 So,3d at 1092. In reviewing, a discretionary act, the appellate court should apply the “reasonableness test” to determine whether the trial judge abused his discretion. Canakaris v. Canakaris, 382 So.2d 1197, 1203 (Fla.1980). We agree with Claimant that the costs reasonably necessary to defend the claims here would not include the cost of the condensed versions of deposition transcripts which was incurred in addition to the cost for the original and one copy (i.e., a third. copy of the depositions). Finding no merit in the other challenges raised by Claimant, we MODIFY the order below to exclude the $150.00 in costs for the condensed transcripts and to award the E/C the sum of $2,495.70 in taxable costs. The order, as MODIFIED, is AFFIRMED.

THOMAS, MARSTILLER, and BILBREY, JJ., concur.

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Bluebook (online)

183 So. 3d 1065, 2015 Fla. App. LEXIS 5883, 2015 WL 1811892, Counsel Stack Legal Research, https://law.counselstack.com/opinion/coleman-v-american-airlines-fladistctapp-2015.

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