Siebert v. City of Vero Beach

District Court of Appeal of Florida

Siebert v. City of Vero Beach

555 So. 2d 983, 1990 Fla. App. LEXIS 517, 1990 WL 6560

CourtDistrict Court of Appeal of Florida

DecidedJanuary 31, 1990

DocketNo. 89-0558

StatusPublished

Cited by2 cases

This text of 555 So. 2d 983 (Siebert v. City of Vero Beach) 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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Siebert v. City of Vero Beach, 555 So. 2d 983, 1990 Fla. App. LEXIS 517, 1990 WL 6560 (Fla. Ct. App. 1990).

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Opinion

PER CURIAM.

At issue is the final judgment for taxation of costs against appellant. We reverse as to the cost of the appraisal. See Statewide Uniform Guidelines for Taxation of Costs in Civil Actions § 2; § 92.231, Fla. Stat. (1987); Caceres v. Physicians Protective Trust Fund, 489 So.2d 869 (Fla. 3d DCA 1986); KMS of Florida Corp. v. Magna Properties, Inc., 464 So.2d 234 (Fla. 5th DCA 1985).

However, as to the costs of depositions, while the guidelines place the burden of proving need upon the party incurring costs for depositions not used, the appellate record is the responsibility of appellant. We have no transcript of the hearing on the motion to tax costs and cannot determine what the trial court was presented. Accordingly, we affirm as to the costs of depositions.

GLICKSTEIN, STONE, JJ., and MUSSELMAN, JACK, Associate Judge, concur.

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PER CURIAM.

At issue is the final judgment for taxation of costs against appellant. We reverse as to the cost of the appraisal. See Statewide Uniform Guidelines for Taxation of Costs in Civil Actions § 2; § 92.231, Fla. Stat. (1987); Caceres v. Physicians Protective Trust Fund, 489 So.2d 869 (Fla. 3d DCA 1986); KMS of Florida Corp. v. Magna Properties, Inc., 464 So.2d 234 (Fla. 5th DCA 1985).

However, as to the costs of depositions, while the guidelines place the burden of proving need upon the party incurring costs for depositions not used, the appellate record is the responsibility of appellant. We have no transcript of the hearing on the motion to tax costs and cannot determine what the trial court was presented. Accordingly, we affirm as to the costs of depositions.

GLICKSTEIN, STONE, JJ., and MUSSELMAN, JACK, Associate Judge, concur.

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555 So. 2d 983, 1990 Fla. App. LEXIS 517, 1990 WL 6560, Counsel Stack Legal Research, https://law.counselstack.com/opinion/siebert-v-city-of-vero-beach-fladistctapp-1990.

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