Suljic v. Barker

District Court of Appeal of Florida

Suljic v. Barker

177 So. 3d 98, 2015 Fla. App. LEXIS 15535, 2015 WL 6161282

CourtDistrict Court of Appeal of Florida

DecidedOctober 21, 2015

Docket2D14-5028

StatusPublished

This text of 177 So. 3d 98 (Suljic v. Barker) 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.

Bluebook

Suljic v. Barker, 177 So. 3d 98, 2015 Fla. App. LEXIS 15535, 2015 WL 6161282 (Fla. Ct. App. 2015).

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Opinion

*99 PER CURIAM.

Nazif Suljic appeals a cost judgment entered after he voluntarily dismissed a personal injury action without prejudice. The action was dismissed in January 2014 and almost immediately refiled. The defendants, Robert C. Barker, Jr., and Cornerstone Community Bank, timely sought costs in the first action, and they eventually sought to stay the second action until the costs were paid. See Fla. R. Civ. P. 1.420(d). The trial court awarded total costs of $6192.06. We affirm the award of costs with the exception of certain “copying” costs for materials that were never filed with the trial court. The amounts awarded for “general copying,” “medical records,” and “duplicates of subpoenas,” which total $483.25, do not appear to be authorized under the Statewide Uniform Guidelines for Taxation of Costs in Civil Actions, and the defendants did not establish that these special costs were “reasonably necessary ... to ... defend ... the case at the time the action precipitating the cost was taken.” See In re Amendments to Uniform Guidelines for Taxation of Costs, 915 So.2d 612, 616 (Fla.2005). Accordingly, on remand the cost judgment shall be reduced by this amount.

Affirmed in part, reversed in part, and remanded.

ALTENBERND, KELLY, and LaROSE, JJ., Concur.

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*99 PER CURIAM.

Nazif Suljic appeals a cost judgment entered after he voluntarily dismissed a personal injury action without prejudice. The action was dismissed in January 2014 and almost immediately refiled. The defendants, Robert C. Barker, Jr., and Cornerstone Community Bank, timely sought costs in the first action, and they eventually sought to stay the second action until the costs were paid. See Fla. R. Civ. P. 1.420(d). The trial court awarded total costs of $6192.06. We affirm the award of costs with the exception of certain “copying” costs for materials that were never filed with the trial court. The amounts awarded for “general copying,” “medical records,” and “duplicates of subpoenas,” which total $483.25, do not appear to be authorized under the Statewide Uniform Guidelines for Taxation of Costs in Civil Actions, and the defendants did not establish that these special costs were “reasonably necessary ... to ... defend ... the case at the time the action precipitating the cost was taken.” See In re Amendments to Uniform Guidelines for Taxation of Costs, 915 So.2d 612, 616 (Fla.2005). Accordingly, on remand the cost judgment shall be reduced by this amount.

Affirmed in part, reversed in part, and remanded.

ALTENBERND, KELLY, and LaROSE, JJ., Concur.

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Bluebook (online)

177 So. 3d 98, 2015 Fla. App. LEXIS 15535, 2015 WL 6161282, Counsel Stack Legal Research, https://law.counselstack.com/opinion/suljic-v-barker-fladistctapp-2015.

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