Kelly v. Community Hospital of the Palm Beaches, Inc.

District Court of Appeal of Florida

Kelly v. Community Hospital of the Palm Beaches, Inc.

799 So. 2d 255, 2001 Fla. App. LEXIS 11439, 2001 WL 912949

CourtDistrict Court of Appeal of Florida

DecidedAugust 15, 2001

DocketNo. 3D00-3062

StatusPublished

This text of 799 So. 2d 255 (Kelly v. Community Hospital of the Palm Beaches, Inc.) 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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Kelly v. Community Hospital of the Palm Beaches, Inc., 799 So. 2d 255, 2001 Fla. App. LEXIS 11439, 2001 WL 912949 (Fla. Ct. App. 2001).

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Opinion

PER CURIAM.

Thomas J. Kelly, M.D. and Thomas J. Kelly, M.D., P.A. appeal the entry of an adverse final judgment on a motion to tax costs. We affirm.

The “[imposition of costs after judgment is largely within the discretion of the trial judge, and will not be disturbed on appeal absent a clear showing of abuse of that discretion.” Goslin v. Racal Data Communications, Inc., 468 So.2d 390, 392 (Fla. 3d DCA 1985). In this case, there is [256]*256abundant evidence which more than reasonably supports the trial judge’s decision, and thus, there is no abuse of discretion. The evidence includes the testimony of two experts both of whom testified as to the taxable costs, the time spent on each cost, and the cost necessity. The evidence also includes invoices prepared by the experts, affidavits as to the amounts actually paid by Community Hospital, and breakdowns of the hours and fees incurred by both experts.

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PER CURIAM.

Thomas J. Kelly, M.D. and Thomas J. Kelly, M.D., P.A. appeal the entry of an adverse final judgment on a motion to tax costs. We affirm.

The “[imposition of costs after judgment is largely within the discretion of the trial judge, and will not be disturbed on appeal absent a clear showing of abuse of that discretion.” Goslin v. Racal Data Communications, Inc., 468 So.2d 390, 392 (Fla. 3d DCA 1985). In this case, there is [256]*256abundant evidence which more than reasonably supports the trial judge’s decision, and thus, there is no abuse of discretion. The evidence includes the testimony of two experts both of whom testified as to the taxable costs, the time spent on each cost, and the cost necessity. The evidence also includes invoices prepared by the experts, affidavits as to the amounts actually paid by Community Hospital, and breakdowns of the hours and fees incurred by both experts.

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799 So. 2d 255, 2001 Fla. App. LEXIS 11439, 2001 WL 912949, Counsel Stack Legal Research, https://law.counselstack.com/opinion/kelly-v-community-hospital-of-the-palm-beaches-inc-fladistctapp-2001.

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