DADE COUNTY, A POLITICAL SUBDIVISION OF THE STATE OF FLORIDA, FARIS N. COWART, CHARLES F. HALL, EDWIN L. MASON, JOHN B. MCLEOD AND RALPH A. FOSSEY, AS THE BOARD OF COUNTY COMMISSIONERS OF DADE COUNTY, FLORIDA, APPELLANTS,
v.
FRANK W. TROMBLY, M.D., APPELLEE
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The appellate court reviewed a cost judgment against the appellant, finding that the trial judge erred in taxing costs against the appellant after a previous reversal and remand. The court reversed the cost judgment and directed the lower court to enter judgment for costs in favor of the appellant.
Yes, the trial judge erred in taxing costs against the appellant. There was no legal basis for the cost judgment against the appellant.
“The petitioner contends the trial judge failed to follow the Mandate after a reversal and remand of the former decree, or in any event there was no legal basis upon which to predicate a cost judgment against it.”
This quote outlines the appellant's main arguments on appeal regarding the cost judgment.
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Join FLexlaw to unlock all legal intelligenceThe appellant sought review of a portion of a final decree that taxed costs against it. The case had previously been reversed and remanded. The appell…
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Petitioner-appellant seeks review of that portion of a final decree taxing costs against it. The background, history and decision of this matter are set out fully in 102 So.2d 394. The petitioner contends the trial judge failed to follow the Mandate after a reversal and remand of the former decree, or in any event there was no legal basis upon which to predicate a cost judgment against it.
The petition is granted and that portion of the final decree assessing costs against the petitioner-appellant is reversed with directions to the court below to enter judgment for the costs against the appellee, and in favor of the appellant. See The Equitable Life Assurance Society of United States v. Nichols, Fla.1956, 84 So.2d 500, 502, and National Rating Bureau Inc., v. Florida Power Corp., Fla.1956, 94 So.2d 809, 812.
CARROLL, CHAS., C. J., and HORTON and PEARSON, JJ., concur.
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Citator
Cited By
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Mfrs. Life Ins. Co. v. Ruthine Cave, 295 So. 2d 103 (Fla. 1974)…ed that stipulation was made only as to amount of fee and not to legal entitlement vel non to a fee, and that as the insurer’s refusal of payment was in good faith and not wrongful, no attorney’s fee was due. See also, Dade County et al. v. Trombly, 104 So. 2d 606 (Fla.App.1958); Davis v. Modern Woodmen of America, 118 So. 2d 805 (Fla.App.1960). Significantly, respondent in no way refutes the applicability of the decision of this Court in Nichols, supra, to the case at bar. In fact, respondent makes no refer…
Authorities Cited
- The Equitable Life Assurance Soc'y OF the United States & Marjorie C. Walsh v. Nichols, 84 So. 2d 500 (Fla. 1956)
- Nat'l Rating Bureau, Inc. v. Fla. Power Corp., 94 So. 2d 809 (Fla. 1956)
- Ruediger v. Ruediger, 102 So. 2d 394 (Fla. 1st DCA 1958)