County of Volusia v. Wolf

District Court of Appeal of Florida

County of Volusia v. Wolf

672 So. 2d 563, 1996 Fla. App. LEXIS 2856, 1996 WL 125710

CourtDistrict Court of Appeal of Florida

DecidedMarch 22, 1996

DocketNo. 95-1773

StatusPublished

Cited by2 cases

This text of 672 So. 2d 563 (County of Volusia v. Wolf) 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

County of Volusia v. Wolf, 672 So. 2d 563, 1996 Fla. App. LEXIS 2856, 1996 WL 125710 (Fla. Ct. App. 1996).

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Opinion

PER CURIAM.

Appellee, James J. Wolf, has informed this court that the issues raised by appellant, Volusia County, are “virtually identical” to those raised in County of Volusia v. Carrin, 666 So.2d 603 (Fla. 5th DCA 1996). In Car-rin we found the trial court erred by ordering reimbursement to the defendant for costs such as “expert witness fees and associated expert expenses, video deposition transcripts, travel, copies of documents obtained from the state attorney and service of subpoenas by private process servers.” Id. at 604. In the instant case, the county challenges the award of virtually the same costs as those described above, costs which, in both cases, were awarded pursuant to section 939.06, Florida Statutes (1995). The county concedes that the award of costs of $924.50 for witness fees, sheriff expenses, and clerk of the court expenses was proper and does not challenge this portion of the final judgment. Accordingly, and consistent with this court’s opinion in Carrin, the cost award totalling $16,280.43 is reversed and the cause remanded, with directions to enter judgment in favor of Wolf for $924.50.

REVERSED IN PART; AFFIRMED IN PART, REMANDED.

PETERSON, C.J., and DAUKSCH and ANTOON, JJ., concur.

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PER CURIAM.

Appellee, James J. Wolf, has informed this court that the issues raised by appellant, Volusia County, are “virtually identical” to those raised in County of Volusia v. Carrin, 666 So.2d 603 (Fla. 5th DCA 1996). In Car-rin we found the trial court erred by ordering reimbursement to the defendant for costs such as “expert witness fees and associated expert expenses, video deposition transcripts, travel, copies of documents obtained from the state attorney and service of subpoenas by private process servers.” Id. at 604. In the instant case, the county challenges the award of virtually the same costs as those described above, costs which, in both cases, were awarded pursuant to section 939.06, Florida Statutes (1995). The county concedes that the award of costs of $924.50 for witness fees, sheriff expenses, and clerk of the court expenses was proper and does not challenge this portion of the final judgment. Accordingly, and consistent with this court’s opinion in Carrin, the cost award totalling $16,280.43 is reversed and the cause remanded, with directions to enter judgment in favor of Wolf for $924.50.

REVERSED IN PART; AFFIRMED IN PART, REMANDED.

PETERSON, C.J., and DAUKSCH and ANTOON, JJ., concur.

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672 So. 2d 563, 1996 Fla. App. LEXIS 2856, 1996 WL 125710, Counsel Stack Legal Research, https://law.counselstack.com/opinion/county-of-volusia-v-wolf-fladistctapp-1996.

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