Lindh v. City of Venice

District Court of Appeal of Florida

Lindh v. City of Venice

411 So. 2d 351, 1982 Fla. App. LEXIS 19617

CourtDistrict Court of Appeal of Florida

DecidedMarch 24, 1982

DocketNo. 81-1765

StatusPublished

Cited by1 cases

This text of 411 So. 2d 351 (Lindh v. City of Venice) 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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Lindh v. City of Venice, 411 So. 2d 351, 1982 Fla. App. LEXIS 19617 (Fla. Ct. App. 1982).

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Opinion

CAMPBELL, Judge.

Appellant Lindh requests that this court reverse the trial court’s denial of attorney’s fees under section 57.105, Florida Statutes (1981), for lack of a justiciable issue of either law or fact. We find this issue is without merit. The appellee City of Venice objects to the lower court’s order awarding costs to appellant. Insofar as the City of Venice was required to pay the travel expenses incurred by Lindh in taking depositions and the costs of copies of depositions, the order as to costs is reversed. See Professional Computer Management, Inc. v. Tampa Wholesale Liquor Co., 374 So.2d 626 (Fla. 2d DCA 1979) (costs do not include travel to obtain depositions); Ryan v. Beucher, 360 So.2d 15 (Fla. 2d DCA 1978) (costs improper for copies of depositions). But see State Farm Mutual Automobile Insurance Co. v. Sampaio, 374 So.2d 617 (Fla. 4th DCA 1979) (copies of deposition taxable if served useful purpose).

RYDER, A. C. J., and SCHOONOVER, J., concur.

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CAMPBELL, Judge.

Appellant Lindh requests that this court reverse the trial court’s denial of attorney’s fees under section 57.105, Florida Statutes (1981), for lack of a justiciable issue of either law or fact. We find this issue is without merit. The appellee City of Venice objects to the lower court’s order awarding costs to appellant. Insofar as the City of Venice was required to pay the travel expenses incurred by Lindh in taking depositions and the costs of copies of depositions, the order as to costs is reversed. See Professional Computer Management, Inc. v. Tampa Wholesale Liquor Co., 374 So.2d 626 (Fla. 2d DCA 1979) (costs do not include travel to obtain depositions); Ryan v. Beucher, 360 So.2d 15 (Fla. 2d DCA 1978) (costs improper for copies of depositions). But see State Farm Mutual Automobile Insurance Co. v. Sampaio, 374 So.2d 617 (Fla. 4th DCA 1979) (copies of deposition taxable if served useful purpose).

RYDER, A. C. J., and SCHOONOVER, J., concur.

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411 So. 2d 351, 1982 Fla. App. LEXIS 19617, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lindh-v-city-of-venice-fladistctapp-1982.

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