Dorner v. Red Top Cab & Baggage Co.
| Decision Date | 15 October 1948 |
| Court | Florida Supreme Court |
| Parties | DORNER v. RED TOP CAB & BAGGAGE CO. et al. |
Appeal from Circuit Court, Dade County; George E. Holt, judge.
George J. Baya, of Miami, for appellant.
E. F. P. Brigham and Cushman & Woodard, all of Miami, for appellees.
Appellees recovered a judgment against appellant, in which was included the sum of $272.73 taxed as costs of the litigation. A portion of the latter amount was for attorneys' fees incurred in taking depositions on behalf of defendant. Appellant moved to quash that part of the execution relating to attorneys' fees. His motion was overruled and this appeal was prosecuted. The items to which the motion to quash was directed were, (1) $35.00 awarded Allaben & Wiarda, Attorneys of Grand Rapids, Mich. for representing plaintiff in the taking of depositions, (2) $50.00 awarded a Mr. Chase, Attorney of California for a similar purpose and (3) $50.00 awarded Gay & Behrens, New York Attorneys for a like purpose.
The point for determination is whether or not attorneys' fees for the taking of depositions to be used as evidence in a case may be taxed as costs.
This court is committed to the doctrine that attorneys' fees cannot be taxed as costs in any cause unless provided for by contract, agreement or by terms of the statute. Webb v. Scott, 129 Fla. 111, 176 So. 442; State ex rel. v. Barrs Royal Ins. Co., 87 Fla. 168, 99 So. 668. No express provision of statute and no contract is shown to support the amounts allowed as attorneys' fees here.
It is also contended that the item of $13.00 expended in taking the deposition of J. A. Fite in behalf of appellees should be rejected because it was not placed in evidence at the trial and was never made a part of the record. In our view the position of appellant on these points is well taken and finds ample support in the cases cited.
The judgment appealed from is accordingly reversed as to the items complained of. In all other respects it is affirmed.
Reversed in part, affirmed in part.
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Messer v. E.F. Hutton & Co.
...Rule under which attorneys' fees are awarded only where authorized by contract or statute. See, e.g., Dorner v. Red Top Cab & Baggage Co., 160 Fla. 882, 37 So.2d 160, 161 (1948); Cook v. Deltona Corp., 753 F.2d 1552, 1563-64 (11th Cir.1985) (applying Florida law). The Customer Agreement did......
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...v. Duval County, 73 So.2d 684 (Fla.1954); Phoenix Indemn. Co. v. Union Finance Co., 54 So.2d 188 (Fla.1951); Dorner v. Red Top Cab & Baggage Co., 160 Fla. 882, 37 So.2d 160 (Fla.); Ex parte Graham, 136 Fla. 20, 186 So. 202 (1939); Webb v. Scott, 129 Fla. 111, 176 So. 442 (1937). As the cour......
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...which attorneys' fees are generally awarded only where authorized by contract or statute. See e.g., Dorner v. Red Top Cab & Baggage Co., 160 Fla. 882, 883, 37 So.2d 160, 161 (1948); DeLuca v. Ray's Inn, Inc., 419 So.2d 1103, 1104 (Fla.Dist.Ct.App.1982); 12 Fla.Jur.2d Costs Sec. 31 (1971). T......
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Ellis v. Flink
...So.2d 759 (Fla.1976); Kittel v. Kittel, 210 So.2d 1 (Fla.1967); Codomo v. Emmanuel, 91 So.2d 653 (Fla.1956); Dorner v. Red Top Cab & Baggage Co., 160 Fla. 882, 37 So.2d 160 (1948); Brite v. Orange Belt Security Co., 133 Fla. 266, 182 So. 892 (1938); Webb v. Scott, 129 Fla. 111, 176 So. 442 ......
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A practitioner's guide to the taxation of costs in civil actions.
...2d --, 21 Fla. L. Weekly D769 (Fla. 4th D.C.A. 1996); Guidelines [subsections] 1(C) and 1(D). (35) Dorner v. Red Top Cab & Baggage, 37 So. 2d 160 (Fla. 1948); Guidelines [sections] 1(B); Winn-Dixie Stores, Inc. v. Vote, 463 So. 2d 459, 460, (Fla. 2d D.C.A. (36) Travis v. Blackmon, 155 S......