Mitchell v. Osceola Farms Co.

574 So. 2d 1162 (Fla. Dist. Ct. App. 1991) · District Court of Appeal of Florida, Fourth District · February 6, 1991 · No. No. 89-3038

Summary

The Florida Fourth District Court of Appeal reviewed a cost judgment entered after the appellants voluntarily dismissed their case before trial. The court held that certain office expenses, surveillance expenses, and other listed items were not taxable costs, affirmed taxation of the remaining costs, and remanded for an amended cost judgment.

Holdings

  1. Office photocopying, postage, long-distance telephone calls, travel expenses, and courier service should not have been taxed as costs.
  2. Surveillance film expenses are not taxable as costs.
  3. The trial court did not abuse its discretion by taxing the cost of copies obtained during discovery.

Questions Presented

  1. Whether office photocopying, postage, long-distance telephone calls, travel expenses, and courier service were taxable as litigation costs.
  2. Whether surveillance film expenses were taxable as costs under the Statewide Uniform Guidelines for Taxation of Costs in Civil Actions.
  3. Whether the trial court abused its discretion by taxing the cost of copies obtained during discovery and not used at trial.

Disposition

reversed_and_remanded

Cases Cited (2)

  • Vogel v. Allen, 443 So. 2d 368 (Fla. 5th DCA 1983)(followed)
  • Bolton v. Bolton, 412 So. 2d 72, 73 (Fla. 2d DCA 1982)(followed)

Cited In (0)

No citing cases on record yet.

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