Wilhelm v. Adams

• Decision Date: 30 July 1931
• Citation: 136 So. 397,102 Fla. 669
• Parties: WILHELM v. ADAMS et al.
• Court: Florida Supreme Court

136 So. 397

102 Fla. 669

WILHELM v. ADAMS et al.

Florida Supreme Court, Division A.

July 30, 1931

Suit by Charles M. Wilhelm against John Adams, doing business as the World Electric, and others. From an order taxing costs one-half against complainant in the court below, complainant appeals.

Affirmed.

Syllabus by the Court.

SYLLABUS

The general rule in regard to costs is that they follow the result of a suit. In a court of equity this rule is departed from when the failing party can show to the court any circumstances which render it unjust that he should pay the costs of the proceedings.

In equity causes, costs are awarded in the sound discretion of the court as justice may require in the particular case, and the appellate court will not interfere unless abuse of discretion is made to appear. Appeal from Circuit Court, Dade County; Paul D. Barns, Judge.

COUNSEL

Van C Swearingen, of Miami, for appellant.

OPINION

BUFORD C.J.

The appeal here is from an order taxing the costs one half against the complainant in the court below and the other half against the defendant in the court below. Appellant here was complainant in the court below. The transcript of record recites the filing of various instruments from the filing of bill of complaint to and including the recital that general master filed his report of testimony together with exhibits. Then follows copies of certain findings of the master and order of court and final decree. The last decree is an order amending the final decree, by adding the words:

'That the costs of said suit shall be borne and taxed, one half by the complainant, Chas. M. Wilhelm, and one half by the defendant John Adams.'

It is impossible for the court to determine from the record here what facts actuated the chancellor in entering a decree taxing one half the costs against the complainant and the other half against the defendant.

In Moyers v. Coiner, 22 Fla. 422, this court, approving what was said in Lewis v. Yale, 4 Fla. 441, said:

'The general rule in regard to costs is that they follow the result of a suit. In a court of equity this rule is departed from, when the failing party can show to the court any circumstances which would render it unjust that he should pay the costs of the proceedings.'

Again, in Wade v. Murrhee, 75 Fla. 494, 78 So. 536, 539, Mr. Justice West, speaking for the court, said:

'In equity causes costs are awarded in the sound discretion of the court as justice may require in the particular case, and the appellate court will...