EQUIBANK, N. A., A NATIONAL BANKING ASSOCIATION, APPELLANT,
v.
S. PERRY PENLAND ET UX., APPELLEES
Explore caselaw by topic → Browse Precedent cases and more on FLexlaw
PER CURIAM.
Appellant seeks reversal of an order of the trial judge dismissing its complaint with prejudice. Appellant concedes that Reese v. Damato, 44 Fla. 692, 33 So. 462 (1902) is contrary to its contentions but urges that the antiquity of that case in the light of modern pleading practices requires that we recede from its holding. Although we are of the view that even were it not for the holding of Reese v. Damato, supra, the learned trial judge would have nevertheless been correct in dismissing appellant’s complaint under the circumstances of this particular case, we agree that the teachings of Reese v. Damato, permits no other result and even should we be of the view that those teachings are anachronistic or incorrect it is not our prerogative to “recede” from an opinion of our Supreme Court. (Hoffman v. Jones, 280 So. 2d 431 (Fla.1973).
AFFIRMED.
BOYER, C. J., and MILLS AND ERVIN, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Miller v. Colonial Baking Co. OF Ala. & Am. Motorists Ins. Co., 402 So. 2d 1365 (Fla. 1st DCA 1981)…intiffs’ attorney. Generally, “[i]t is well established that costs are not awarded except where authorized by statute or agreement of the parties and that such costs are taxable only pursuant to statute or rule.” Sears, Roebuck & Co. v. Richardson, 343 So. 2d 678, 679 (Fla. 1st DCA 1977). In the present case, we can find no statutory authority for the award of costs. Additionally, the taxation of costs provided for in § 57.021, Fla. Stat. (1979), may not take place after a mistrial. See Richardson, 343 So. 2…
-
Brinker v. Ludlow, 379 So. 2d 999 (Fla. 3d DCA 1980)…ction 57.021, Florida Statutes (1977), costs are taxed after an action [*1002] is determined. This provision has been construed to mean that costs may not be taxed until after final determination of the cause. Sears, Roebuck & Company v. Richardson, 343 So. 2d 678 (Fla. 1st DCA 1977). In the case sub judice, appellee prevailed in her action and obtained a judgment. It is that judgment upon which she has obtained an order taxing costs. She now seeks to record the order taxing costs, so that it may become a li…
-
Stringer v. Lawrence Katzell, M.D., 695 So. 2d 369 (Fla. 4th DCA 1997)…ute or by the parties’ agreement and, if awarded, such costs are taxable only pursuant to the statute or rule. Israel, 470 So. 2d at 863; Miller v. Colonial Baking Co., 402 So. 2d 1365, 1367 (1st DCA 1981) (citing Sears, Roebuck & Co. v. Richardson, 343 So. 2d 678, 679 (Fla. 1st DCA 1977)). The statute on court costs states that costs shall be taxed “in each action when it is determined.” § 57.021, Fla. Stat. (1995). This statute has been uniformly construed to mean that taxable costs are only allowable at o…
Previewing 3 of 5 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Hoffman v. Jones, 280 So. 2d 431 (Fla. 1973)
- Reese v. Damato, 44 Fla. 692 (Fla. 1902)