WENDELL COOK, PLAINTIFF-APPELLEE/CROSS-APPELLANT,
v.
THE DELTONA CORPORATION, MARCO ISLAND DEVELOPMENT CORPORATION, AND MACKLE BROTHERS DIVISION, A CORPORATION, DEFENDANTS-APPELLANTS/CROSS-APPELLEES

11th Cir. | 1985-06-12
No. 83-5651
Before GODBOLD, Chief Judge, HILL, Circuit Judge, and PECK , Senior Circuit Judge.
763 F.2d 398 Court of Appeals for the Eleventh Circuit (1985) Positive Treatment
Cited by 6 cases
Opinion of the Court
PER CURIAM:

PER CURIAM:

On petition for rehearing appellee/cross-appellant Wendell Cook notes that the panel failed to address his contention that the district court abused discretion in refusing to award Cook expert witness costs of $2,474.86. Addressing this issue, we find that the judgment of the district court denying expert witness costs was not abuse of discretion and affirm that judgment. See J. Moore, W. Taggart & J. Wicker, Moore’s Federal Practice 1154.77 [5.-3] (2d ed. 1983).

Excepting only the foregoing, IT IS ORDERED that the petition for rehearing filed in the above entitled and numbered cause be and the same is hereby

DENIED.

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Citator

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  • S.L.H. Inv. Corp. v. K-Site 700 Assocs., 613 So. 2d 546 (Fla. 3d DCA 1993)
    …dvanced Auto Ins., Inc., 477 So. 2d 1026 (Fla. 2d DCA 1985); Chalfonte Dev. Corp. v. Rosewin Coats, Inc., 374 So. 2d 618 (Fla. 4th DCA 1979); Ballen v. Plaza Del Prado Condominium Ass’n, Inc., 319 So. 2d 90 (Fla. 3d DCA 1975); Cook v. Deltona Corp., 763 F. 2d 398 (11th Cir.1985).…
  • Armbrister v. Roland Int'l Corp., 667 F. Supp. 802 (M.D. Fla. 1987)
    …applies when a plaintiff fully . recognizes the basis for suit, but the wrongdoer prevails upon [him] to forego enforcing his right until the statutory time has lapsed.” Cook v. Deltona Corp., 753 F.2d 1552 (11th Cir.1985), reh’g denied, 763 F.2d 398 (11th Cir.1985). By contrast, the “doctrine of equitable tolling ... is grounded in the fraudulent concealment of harm which gives rise to the right to sue.” Id., at 1563. As the deposition testimony of all of the plaintiffs irrefuta…
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  • Yeomans v. LE Triomphe P'ship, 884 F.2d 847 (5th Cir. 1989)
    …t “sale” in section 1711 is limited to the transaction that transfers title to property. This is consistent with the conclusion reached by our colleagues in the Tenth and Eleventh Circuits. Cook v. Deltona Corporation, 753 F. 2d 1552, reh’g denied, 763 F. 2d 398 (11th Cir.1985); Aldrich v. McCulloch Properties, Inc., 627 F. 2d 1036 (10th Cir.1980). In Cook the court, relying heavily on Aldrich, stated: Aldrich and cases cited therein hold that the sale takes place at the time the initial contract is signed…

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