FLORIDA GAS COMPANY, A CORPORATION, AND LAMETTI & SONS, INC., A CORPORATION, APPELLANTS,
v.
SPECTRA-PHYSICS, INC., A CORPORATION, APPELLEE
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The court affirmed summary judgment for Spectra-Physics but reversed the award of travel expenses for the opposing party's attorney, holding that such expenses are not awardable as costs absent special contractual or statutory provisions.
Travel expenses incurred by an attorney attending depositions are not awardable as costs absent special provisions of contract or statute.
[1] Travel expenses incurred by an attorney attending depositions are not awardable as costs absent special provisions of contract or statute.
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The court stated that travel expenses are not awardable as costs absent special provisions of contract or statute.
Florida Gas Company and Lametti & Sons appealed from a summary judgment entered in favor of Spectra-Physics, Inc., and challenged an award of costs th…
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JOANOS, Judge.
Appellants, Florida Gas Company and Lametti & Sons, Inc., appeal from the final summary judgment entered in favor of appellee, Spectra-Physics, Inc., and from an award of costs which included the travel expenses of appellee’s attorney incurred while attending several depositions. Based upon the “relevant and competent” evidentiary matter in the affidavits and depositions considered by the trial judge, we agree with the trial judge’s conclusion that summary judgment was appropriate. Holl v. Talcott, 191 So. 2d 40 (Fla.1966); Food Fair Stores, Inc. v. Trusell, 131 So. 2d 730 (Fla.1961). We reverse, however, the award of travel expenses because the Florida courts have held on numerous occasions that such expenses are not awardable as costs “absent special provisions of contract or statute.” Professional Computer Management, Inc. v. Tampa Wholesale Liquor Co., 374 So. 2d 626 (Fla. 2d DCA 1979). See also Sunshine Kitchens, Inc. v. Mallin, 388 So. 2d 1260 (Fla. 3d DCA 1980); Aetna Life Insurance Co. v. Sievert, 361 So. 2d 747 (Fla. 1st DCA 1978).
Due to our affirmance of the summary judgment, it is unnecessary to decide appel-lee’s first point on cross-appeal dealing with Lametti & Sons’ right to contribution. In addition, we find that the trial judge did not abuse his discretion in failing to award attorney’s fees pursuant to § 57.105, Fla. Stat. (1979) as argued in appellee’s second point on cross-appeal.
AFFIRMED in part, REVERSED and REMANDED to correct the award of costs consistent with this opinion.
SHAW, J., and MASON, ERNEST E. (Retired), Associate Judge, concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Gory Roofing Tile Mfg., Inc. v. Davison, 191 So. 2d 40 (Fla. 1966)
- Food Fair Stores, Inc. v. Phoebe C. Trusell et vir, 131 So. 2d 730 (Fla. 1961)
- AETNA Life Ins. Co. v. Sievert, 361 So. 2d 747 (Fla. 1st DCA 1978)
- Prof'l Computer Mgmt., Inc. v. Tampa Wholesale Liquor Co., Inc., 374 So. 2d 626 (Fla. 2d DCA 1979)
- Sunshine Kitchens, Inc. v. Mallin, 388 So. 2d 1260 (Fla. 3d DCA 1980)