Burden Of Proof For Costs

31 Florida cases classified under this topic · sorted by citation count · see the citation graph · browse and sort

• In re Amendments to Uniform Guidelines for Taxation of Costs
  915 So. 2d 612· Fla.· 2005-11-17 ·cited 82×
  The Florida Supreme Court approved revised Statewide Uniform Guidelines for Taxation of Costs in Civil Cases, with modifications to ensure the guidelines reduce litigation costs while maintaining fairness to prevailing parties. The Court adopted the Civil Procedure Rules Committe
• Brite v. Orange Belt Sec. Co.
  133 Fla. 266· Fla.· 1938-06-08 ·cited 77×
  Orange Belt Securities Company sought to charge the separate property of Mrs. Aimee K. Brite, a married woman, for amounts claimed under service contracts for the care and cultivation of orange groves. The Florida Supreme Court reversed the lower court's award of attorney's fees
• Danny Kresky Enters. Corp. v. Magid
  716 F.2d 215· 3d Cir.· 1983-09-02 ·cited 16×
  The court held that the district court abused its discretion in significantly reducing the requested attorney's fees and costs by arbitrarily disallowing travel time, trial preparation hours, and itemized costs without sufficient justification.
• Nilo v. Fugate
  30 So. 3d 623· Fla. 1st DCA· 2010-03-17 ·cited 11×
  In a personal injury case arising from a vehicle rear-end collision, the appellate court affirmed the jury verdict for the defendant/appellee but reversed the trial court's award of attorney's fees under Florida's offer of judgment statute and partially reversed the costs award,
• The Field Club, Inc. v. Alario
  180 So. 3d 1138· Fla. 2d DCA· 2015-12-09 ·cited 10×
  The Field Club appeals a costs award following a jury verdict in favor of the Alarios in a negligence action. The appellate court reversed portions of the $47,327.82 costs judgment, finding the trial court erred in awarding costs for real-time court reporting, overhead expenses,
• Phillips v. State
  942 So. 2d 1042· Fla. 2d DCA· 2006-12-08 ·cited 10×
  The court held that the trial court erred in imposing investigative costs without sufficient competent evidence presented in the record.
• Munoz v. State
  884 So. 2d 1070· Fla. 5th DCA· 2004-10-15 ·cited 7×
  Jorge Luis Munoz appeals his convictions for conspiracy to traffic in heroin and sale and delivery of heroin. The appellate court affirms the convictions but reverses the imposition of investigative costs due to insufficient documentation, remanding for the state to provide prope
• R.J. Reynolds Tobacco Co. v. Lewis
  275 So. 3d 747· Fla. 5th DCA· 2019-06-14 ·cited 6×
  The appellate court reversed a trial court's award of attorney's fees to the plaintiff, finding that costs for non-testifying expert witnesses should not have been included in the calculation for entitlement to fees. The court also reversed a cost award for proportionate multi-ca
• Pilot Catastrophe Servs., Inc. v. Fouche
  145 So. 3d 151· Fla. 5th DCA· 2014-06-20 ·cited 6×
  Pilot Catastrophe Services appeals a trial court's denial of its motion to compel arbitration of employment discrimination claims filed by Fouche under Title VII, the FCRA, and the Civil Rights Act. The appellate court reverses, holding that the arbitration agreement is enforceab
• Easy Bail Bonds v. Polk Cnty.
  784 So. 2d 1173· Fla. 2d DCA· 2001-04-04 ·cited 6×
  Easy Bail Bonds appeals a trial court order requiring it to pay predetermined flat fees to Polk County as a condition of setting aside bond forfeitures. The Florida appellate court reversed, holding that counties must prove actual costs incurred in returning each individual defen
• Sikich v. State
  47 Fla. L. Weekly D441· Fla. 4th DCA· 2022-04-27 ·cited 5×
  The appellate court reviewed a trial court's denial of a motion to correct sentencing errors. The court found errors in the assessment of prosecution costs, the imposition of a probation condition not orally pronounced, and a scrivener's error regarding the defendant's plea.
• Roberts v. Third Palm, LLC
  300 So. 3d 1216· Fla. 4th DCA· 2020-07-29 ·cited 4×
  This case involves a real estate agent's claim for compensation against a developer. The appellate court affirmed summary judgment for the developer, finding no genuine issue of material fact, but reversed the denial of costs, remanding for an evidentiary hearing on their reasona
• Collins v. State
  145 So. 3d 930· Fla. 2d DCA· 2014-08-20 ·cited 4×
  Collins appeals his convictions for forgery, uttering forged instruments, theft, and fraudulent use of personal identification information. The appellate court affirms the convictions and most of the sentences but reverses the $500 cost of prosecution imposed without adequate doc
• In re Est. OF Mildred Frances McQUEEN v. First Guar. Bank & Tr. Co.
  699 So. 2d 747· Fla. 1st DCA· 1997-08-26 ·cited 4×
  In this probate appeal, the court addresses whether an attorney's fees for representing an estate's personal representatives and serving as de facto trustee should be calculated under a 1995 statutory formula or under an oral hourly-rate agreement predating the statute. The court
• Dibelka v. State
  326 So. 3d 835· Fla. 2d DCA· 2021-08-04 ·cited 3×
  The appellate court affirmed a defendant's conviction for petit theft but reversed and remanded the monetary obligations order. The court found that certain costs and fines imposed by the trial court exceeded statutory limits or lacked proper evidentiary support.
• Gualtieri v. Timmie Leigh Keyser
  219 So. 3d 972· Fla. 2d DCA· 2017-05-31 ·cited 2×
  Sheriff Gualtieri appeals a cost judgment awarded to Keyser after she prevailed at trial, challenging the trial court's award of digital video editing costs and expert witness fees. The appellate court reverses, holding that Keyser failed to meet her burden of proving these costs
• S. Pointe Fam. & Child. Ctr., Inc. v. The First Nat'l Bank OF Chicago
  783 So. 2d 327· Fla. 3d DCA· 2001-04-18 ·cited 2×
  South Pointe Family and Children Center challenged a trial court's award of attorney's fees and costs in a mortgage foreclosure action. The appellate court reversed, finding the trial court failed to make the specific findings required for awarding attorney's fees and failed to e
• Hamilton Cnty. v. State
  478 So. 2d 394· Fla. 1st DCA· 1985-10-30 ·cited 2×
  Hamilton County appealed from an order requiring it to pay the State Attorney's costs for deposition transcripts in fifteen criminal cases. The court reversed, holding that while counties may be liable for such prosecution costs under the 1885 Florida Constitution and statute, th
• Goldsmith v. State
  383 So. 3d 518· Fla. 4th DCA· 2024-04-03 ·cited 1×
  Although a police officer's testimony that a confidential informant was credible and reliable in the past constituted improper bolstering of the informant's credibility, the error was harmless where the defendant admitted to the drug sale and driving the vehicle into the canal, v
• Bankston v. State
  338 So. 3d 252· Fla. 4th DCA· 2021-12-15 ·cited 1×
  The defendant appealed his convictions for kidnapping and sexual battery, challenging the trial court's allowance of an amended information during jury selection, exclusion of evidence regarding the victim's financial motive, and imposition of certain costs. The court affirmed th
• D.L. v. State
  Fla. 4th DCA· 2021-11-10 ·cited 1×
  A juvenile appeals a circuit court disposition order placing him in a high-risk secure residential program for probation violations stemming from misdemeanor cases. The appellate court reversed, finding multiple errors: the placement was improper under Florida law, the dispositio
• Nealy v. Fla. Dep't OF Revenue & The Div. OF Risk Mgmt.
  171 So. 3d 201· Fla. 1st DCA· 2015-08-04 ·cited 1×
  In this workers' compensation appeal, the court reviewed a cost award against a claimant and held that a portion of the costs for a doctor's medical record review was not reasonably necessary because the services were performed after the claimant's petition for benefits was volun
• Villecco v. State
  Fla. 2d DCA· 2026-02-11
  John Villecco appeals his grand theft conviction and sentence, challenging costs imposed by the trial court. The court affirms the conviction and the $100 mandatory state attorney costs but reverses and remands to strike $200 in discretionary investigative costs that were not pro
• Woods v. Progressive Am. Ins. Co.
  S.D. Fla.· 2024-02-06
  The court recommended granting the defendant's motion for bill of costs, taxing $12,490.75 against the plaintiff, after reducing the requested amount for ancillary deposition expenses, expert witness fees, and excess per-page transcript fees.
• Equal Emp. Opportunity Comm'n v. Ferman Mgmt. Servs. Corp.
  M.D. Fla.· 2023-04-27
  The court held that costs are generally allowed to the prevailing party under Rule 54(d)(1) but are limited to those specified in 28 U.S.C. § 1920, and the party seeking costs bears the burden of proof.
• Ozorowsky v. Bayfront HMA Healthcare Holdings, LLC
  M.D. Fla.· 2022-09-09
  The court held that a prevailing party seeking to tax costs against a plaintiff who brought claims under the Uniformed Services Employment and Reemployment Rights Act (USERRA) must specifically demonstrate which costs are attributable to non-USERRA claims, and costs equally attri
• Sikich v. State
  47 Fla. L. Weekly D441· Fla. 4th DCA· 2022-04-27
  The defendant appealed the trial court's denial of a motion to correct sentencing errors under Florida Rule of Criminal Procedure 3.800(b)(2). The appellate court found three errors: improper assessment of prosecution costs, imposition of a special probation condition not orally
• D.L. v. State
  Fla. 4th DCA· 2021-11-10
  The appellate court reversed a juvenile's placement in a high-risk secure residential program, finding the lower court erred by misapplying statutes regarding probation violations and imposing costs without proper findings. The case was remanded for a new disposition hearing.
• Lopez v. Nationstar Mortg. LLC
  S.D. Fla.· 2021-10-08
  The court recommended granting the defendant's motion for bill of costs in part, reducing the award by non-recoverable electronic delivery and handling fees.
• Trice v. Target Corp.
  M.D. Fla.· 2021-04-07
  The court held that a prevailing party may only recover costs specifically enumerated in 28 U.S.C. § 1920 and that the losing party bears the burden of demonstrating non-taxable costs.
• Passmore v. 21st Century Oncology, LLC
  M.D. Fla.· 2019-08-26
  The court held that certain costs sought by the prevailing defendant, including excess expert witness fees and deposition-related expenses like conference room rentals, litigation packages, and shipping, were not taxable under 28 U.S.C. § 1920.
• Matthews v. State
  171 So. 3d 800· Fla. 2d DCA· 2015-08-07
  Anthony Matthews appealed his convictions and sentences for kidnapping, carjacking, attempted robbery, and sexual battery. The court affirmed the convictions and sentences but remanded to correct three improperly imposed costs that exceeded statutory limits or applied to ineligib