White ex rel. Johnson v. Cowles Florida Broadcasting, Inc.

District Court of Appeal of Florida

White ex rel. Johnson v. Cowles Florida Broadcasting, Inc.

361 So. 2d 821, 1978 Fla. App. LEXIS 16490

CourtDistrict Court of Appeal of Florida

DecidedAugust 9, 1978

DocketNo. II-331

StatusPublished

Cited by2 cases

This text of 361 So. 2d 821 (White ex rel. Johnson v. Cowles Florida Broadcasting, Inc.) 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

White ex rel. Johnson v. Cowles Florida Broadcasting, Inc., 361 So. 2d 821, 1978 Fla. App. LEXIS 16490 (Fla. Ct. App. 1978).

Pincite

Opinion

PER CURIAM.

Appellants maintain on this appeal that the trial court abused its discretion in taxing costs against them pursuant to the offer of judgment rule, Fla.R.Civ.P. 1.442. They further urge that the amount of the costs awarded was excessive. We disagree and affirm on both points. Appellants’ first argument, that taxation of costs was unjustified because the offers by appellee were made to them jointly rather than individually, has recently been resolved in appellees’ favor by this court’s opinion in Tucker v. Shelby Mutual Insurance Co. of Shelby, Ohio, 343 So.2d 1357 (Fla. 1st DCA 1977).

Appellants also contend, however, that the amount of the costs was excessive because it included the expense of appellees’ counsel’s air fare to an out-of-state deposition. The deposition was initiated by appellants’ counsel after appellants had refused two offers of judgment which exceeded the verdict eventually returned by the jury after trial. We believe that the purpose of Rule 1.442, to encourage settlements and eliminate the costs and delays of trials, would be affronted by reversing the cost award to appellees in these circumstances.. Appellees made two good faith attempts at settlement and appellants chose to reject those attempts. There was no abuse of [822]*822discretion in requiring appellees to bear the costs of that choice.

The judgment is AFFIRMED.

McCORD, Acting C. J., MILLS and ERVIN, JJ., concur.

Free access — add to your briefcase to read the full text and ask questions with AI

PER CURIAM.

Appellants maintain on this appeal that the trial court abused its discretion in taxing costs against them pursuant to the offer of judgment rule, Fla.R.Civ.P. 1.442. They further urge that the amount of the costs awarded was excessive. We disagree and affirm on both points. Appellants’ first argument, that taxation of costs was unjustified because the offers by appellee were made to them jointly rather than individually, has recently been resolved in appellees’ favor by this court’s opinion in Tucker v. Shelby Mutual Insurance Co. of Shelby, Ohio, 343 So.2d 1357 (Fla. 1st DCA 1977).

Appellants also contend, however, that the amount of the costs was excessive because it included the expense of appellees’ counsel’s air fare to an out-of-state deposition. The deposition was initiated by appellants’ counsel after appellants had refused two offers of judgment which exceeded the verdict eventually returned by the jury after trial. We believe that the purpose of Rule 1.442, to encourage settlements and eliminate the costs and delays of trials, would be affronted by reversing the cost award to appellees in these circumstances.. Appellees made two good faith attempts at settlement and appellants chose to reject those attempts. There was no abuse of [822]*822discretion in requiring appellees to bear the costs of that choice.

The judgment is AFFIRMED.

McCORD, Acting C. J., MILLS and ERVIN, JJ., concur.

Cite This Page — Counsel Stack

Bluebook (online)

361 So. 2d 821, 1978 Fla. App. LEXIS 16490, Counsel Stack Legal Research, https://law.counselstack.com/opinion/white-ex-rel-johnson-v-cowles-florida-broadcasting-inc-fladistctapp-1978.

Opinion

Related

Cite This Page — Counsel Stack