McClellan v. State

District Court of Appeal of Florida

McClellan v. State

328 So. 2d 535, 1976 Fla. App. LEXIS 14907

CourtDistrict Court of Appeal of Florida

DecidedMarch 17, 1976

DocketNo. 75-791

StatusPublished

This text of 328 So. 2d 535 (McClellan v. State) 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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McClellan v. State, 328 So. 2d 535, 1976 Fla. App. LEXIS 14907 (Fla. Ct. App. 1976).

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Opinion

PER CURIAM.

Upon a hearing held on a citation of the appellant for contempt of court, judgment was entered in favor of the respondent-appellant absolving him of the charged contempt. However the court ordered that costs in a certain amount be paid by the respondent, from which latter ruling the respondent appealed. We find error and reverse.

The taxing or charging of costs against the successful party in that proceeding was not authorized. See §§ 57.041 and 939.06 Fla.Stat., F.S.A. Wood v. City of Jacksonville, Fla.App.1971, 248 So.2d 176; Lillibridge v. City of Miami, Fla.1973, 276 So.2d 40, 41.

The judgment and order for payment of costs by the respondent-appellant are reversed.

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PER CURIAM.

Upon a hearing held on a citation of the appellant for contempt of court, judgment was entered in favor of the respondent-appellant absolving him of the charged contempt. However the court ordered that costs in a certain amount be paid by the respondent, from which latter ruling the respondent appealed. We find error and reverse.

The taxing or charging of costs against the successful party in that proceeding was not authorized. See §§ 57.041 and 939.06 Fla.Stat., F.S.A. Wood v. City of Jacksonville, Fla.App.1971, 248 So.2d 176; Lillibridge v. City of Miami, Fla.1973, 276 So.2d 40, 41.

The judgment and order for payment of costs by the respondent-appellant are reversed.

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328 So. 2d 535, 1976 Fla. App. LEXIS 14907, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mcclellan-v-state-fladistctapp-1976.

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