Davis v. Mandau

District Court of Appeal of Florida

Davis v. Mandau

400 So. 2d 89, 1981 Fla. App. LEXIS 19994

CourtDistrict Court of Appeal of Florida

DecidedJune 3, 1981

DocketNos. 79-2169, 80-197

StatusPublished

Cited by2 cases

This text of 400 So. 2d 89 (Davis v. Mandau) 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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Davis v. Mandau, 400 So. 2d 89, 1981 Fla. App. LEXIS 19994 (Fla. Ct. App. 1981).

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Opinion

DANAHY, Judge.

We find no error in the entry of the summary judgments for appellees in this case. For the reasons set forth in Beattie v. Brotz, 391 So.2d 802 (Fla. 2d DCA 1980), we reverse the cost order in favor of appellee Evans to the extent that it taxes the costs of copies of depositions.

Pursuant to Article V, Section 3(b)(4), Florida Constitution, and Florida Rule of Appellate Procedure 9.030(a)(2)(A)(iv), we certify this decision as being in direct conflict with the decisions of the Fourth District Court of Appeal in State Farm Mutual Automobile Insurance Co. v. Sampaio, 374 So.2d 617 (Fla. 4th DCA 1979); Moore v. Caughey, 368 So.2d 109 (Fla. 4th DCA 1979); County of St. Lucie v. Browning, 358 So.2d 253 (Fla. 4th DCA 1978).

AFFIRMED but REMANDED for the entry of a new cost order which excludes the costs of copies of depositions.

GRIMES, Acting C. J., and CAMPBELL, J., concur.

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