Weiss v. Turtletaub

District Court of Appeal of Florida

Weiss v. Turtletaub

386 So. 2d 1245, 1980 Fla. App. LEXIS 17468

CourtDistrict Court of Appeal of Florida

DecidedJuly 22, 1980

DocketNo. 79-2134

StatusPublished

Cited by1 cases

This text of 386 So. 2d 1245 (Weiss v. Turtletaub) 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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Weiss v. Turtletaub, 386 So. 2d 1245, 1980 Fla. App. LEXIS 17468 (Fla. Ct. App. 1980).

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Opinion

PER CURIAM.

The cost judgment and amended cost judgment under review are affirmed, except insofar as they disallow in part the official court reporter’s fee for the instant trial at which the appellants prevailed, and are reversed, solely as to the such cost item; the cause is remanded to the trial court with directions to award as taxable costs to the appellants the full such court reporter’s attendance fee of $197 based on a holding that: (a) the trial court on this record abused its discretion in disallowing in part as taxable costs the official court reporter’s attendance fee for the trial at which the appellants prevailed as, in our view, such a cost served a useful purpose and was, therefore, taxable under Section 57.071(2), Florida Statutes (1979); see Wilkens v. SuperX Drugs of Florida, Inc., 232 So.2d 19 (Fla. 4th DCA 1970); 12 Fla.Jur.2d “Costs” 169-170 (1979); and (b) the trial court did not abuse its discretion in disallowing as taxable costs the balance of the costs sought herein as, in our view, the showing made on this record is far too sparse to establish, as it should, that such costs served a useful purpose. Gordon International Advertising, Inc. v. Charlotte County Land & Title Co., 170 So.2d 59, 61 (Fla. 3d DCA 1964); see Wilkens v. SuperX Drugs of Florida, Inc., 232 So.2d 19 (Fla. 4th DCA 1970).

Affirmed in part; reversed in part.

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PER CURIAM.

The cost judgment and amended cost judgment under review are affirmed, except insofar as they disallow in part the official court reporter’s fee for the instant trial at which the appellants prevailed, and are reversed, solely as to the such cost item; the cause is remanded to the trial court with directions to award as taxable costs to the appellants the full such court reporter’s attendance fee of $197 based on a holding that: (a) the trial court on this record abused its discretion in disallowing in part as taxable costs the official court reporter’s attendance fee for the trial at which the appellants prevailed as, in our view, such a cost served a useful purpose and was, therefore, taxable under Section 57.071(2), Florida Statutes (1979); see Wilkens v. SuperX Drugs of Florida, Inc., 232 So.2d 19 (Fla. 4th DCA 1970); 12 Fla.Jur.2d “Costs” 169-170 (1979); and (b) the trial court did not abuse its discretion in disallowing as taxable costs the balance of the costs sought herein as, in our view, the showing made on this record is far too sparse to establish, as it should, that such costs served a useful purpose. Gordon International Advertising, Inc. v. Charlotte County Land & Title Co., 170 So.2d 59, 61 (Fla. 3d DCA 1964); see Wilkens v. SuperX Drugs of Florida, Inc., 232 So.2d 19 (Fla. 4th DCA 1970).

Affirmed in part; reversed in part.

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386 So. 2d 1245, 1980 Fla. App. LEXIS 17468, Counsel Stack Legal Research, https://law.counselstack.com/opinion/weiss-v-turtletaub-fladistctapp-1980.

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