WIPER HUT SYSTEMS, INC., MASCO INDUSTRIES, INC., RUSSELL M. THOMPSON AND ROBERT J. ROCH, PETITIONERS,
v.
DAVID STEAVENS, RESPONDENT
WIPER HUT SYSTEMS, INC., MASCO INDUSTRIES, INC., RUSSELL M. THOMPSON AND ROBERT J. ROCH, PETITIONERS,
DAVID STEAVENS, RESPONDENT
626 So. 2d 289
Florida District Court of Appeal, Fourth District (1993)
Positive Treatment
Cited by 4 cases
Opinion of the Court
PER CURIAM.
Petitioners, defendants below, seek certiorari review of a trial court’s order denying a portion of their motion to tax costs and their motion to assess attorney’s fees against re-spondeni/plaintiff, after plaintiffs voluntary dismissal of this lawsuit. Certiorari is the proper method to review this order. Rose Printing Co., Inc. v. Wilson, 602 So. 2d 600 (Fla. 1st DCA 1992), aff'd, 624 So. 2d 257 (Fla.1993). We quash the order and remand with directions that the trial court award the costs relating to the deposition of the plaintiff and award attorney’s fees, which are recoverable under these circumstances by virtue of the contract between the parties. Id.
FARMER, KLEIN and PARIENTE, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Sholkoff v. Boca Raton Cmty. Hosp., Inc., 693 So. 2d 1114 (Fla. 4th DCA 1997)…(Fla. 2nd DCA 1992); and Solimando v. Aloha Medical Center, 566 So. 2d 580 (Fla. 2nd DCA 1990), after remand, 594 So. 2d 850 (Fla. 2nd DCA 1992). So too with orders denying costs after the voluntary dismissal. See Wiper Hut Systems Inc. v. Steavens, 626 So. 2d 289 (Fla. 4th DCA 1993); Rose Printing Co. Inc. v. Wilson, 602 So. 2d 600 (Fla. 1st DCA 1992), aff'd, 624 So. 2d 257 (Fla.1993); and Campbell v. Maze, 307 So. 2d 234 (Fla. 4th DCA 1975), aff'd 339 So. 2d 202 (Fla.1976). We therefore hold that, even unde…
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Edwards v. Wills, 686 So. 2d 702 (Fla. 2d DCA 1996)…or allegations in the instant case that Ward assumed the appellees Virgil and Irmgard A. Wills’ obligations to the appellant under the terms of the note and mortgage, Ward is not entitled to attorney’s fees. See Wiper Hut Systems, Inc. v. Steavens, 626 So. 2d 289 (Fla. 4th DCA 1993). Ward further argues, however, that the trial court’s decision to award him attorney’s fees is supported by section 57.105(2), Florida Statutes (1995). We also disagree with that contention since, as stated above, there is no ev…
Authorities Cited
- Wilson v. Rose Printing Co., Inc., 624 So. 2d 257 (Fla. 1993)
- Rose Printing Co., Inc. v. Wilson, 602 So. 2d 600 (Fla. 1st DCA 1992)