LAFY ABDO, APPELLANT,
v.
CITY OF DAYTONA BEACH, A MUNICIPAL CORPORATION, APPELLEE
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The appellate court denied a motion to tax costs incurred in the Supreme Court, holding that such costs must be taxed in the trial court according to appellate rules.
An appellate court cannot tax costs incurred in a Supreme Court certiorari proceeding; these costs must be taxed in the trial court.
“All costs including appellate costs shall be taxed in the lower court pursuant to law.”
This quote states the rule governing the taxation of costs.
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Join FLexlaw to unlock all legal intelligenceThe appellant sought to tax $19.00 in costs incurred during Supreme Court certiorari proceedings. The Supreme Court had previously denied the appellee…
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The appellant herein has moved this court to tax an item of $19.00 costs expended by appellant in the Supreme Court of Florida as an incident to certiorari proceedings in that court testing an opinion and judgment of this court in favor of appellant filed December 18, 1962; and in support thereof shows that on March 5, 1963, the Supreme Court of Florida denied appellee’s petition for writ of certiorari. Appellant relies on Florida Appellate Rule 3.16, subd. b, 31 F.S.A. which provides that “All costs including appellate costs shall be taxed in the lower court pursuant to law.” We hold that said rule contemplates the taxing of such costs in the trial court, subject to review as provided by subparagraphs “c” and “d” of said rule.
The motion filed in this court must be and it is denied, without prejudice to appellant to apply to the trial court for the taxation of such costs.
IT IS SO ORDERED.
DONALD K. CARROLL, Chief Judge, and STURGIS and RAWLS, JJ., concur.
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Gen. Cap. Corp. v. TEL Serv. Co., Inc., 239 So. 2d 134 (Fla. 2d DCA 1970)…pursuant to law.” Thus, the assessment of costs, even appellate costs, lies with the trial Court and is [*136] largely discretionary, not to be disturbed on review in absence of a clear showing of abuse. Abdo v. City of Daytona Beach, Fla.App.1963, 151 So. 2d 53. And in exercising that discretion, the imposition of such costs does not necessarily “follow the judgment”. Special circumstances in an individual case might dictate a contrary apportionment. The justice of the cause, in the light of all the circu…
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City OF Miami Beach v. Frankel, 363 So. 2d 555 (Fla. 1978)…tion of “luxury” there as it might in other localities of the state. Even if we were to allow that a municipality has standing to assert against the state an equal protection claim of some of its citizens, Shelby v. City of Pensacola, 112 Fla. 584, 151 So. 2d 53 (1933), this argument would still be without merit. Assuming for purposes of discussion that the statute classifies citizens, surely it cannot be said to establish a suspect class. Therefore it is not subject to strict scrutiny. The Legislature is a…
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City of Daytona Beach v. Abdo, 153 So. 2d 307 (Fla. 1963)…Certiorari denied without opinion. 151 So. 2d 53.…