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Granoff v. Cherin

Stacy GRANOFF, a minor, etc. v. Murray CHERIN

Granoff v. Cherin, 270 So. 2d 430 (Fla. Dist. Ct. App. 1972)
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Court
District Court of Appeal of Florida · State Appellate Courts
Decided
December 15, 1972
Docket
No. 72-809
Judges
Haverfield, Hendry, Pearson
Citations
270 So. 2d 4301972 Fla. App. LEXIS 5782
Cited by 6

Opinion of the Court — Pearson

Text extracted by OCR from a scanned original; check the original for exact wording.

PEARSON, Judge.

We are presented with a petition for certiorari to review the circuit court’s judgment assessing costs. The court’s judgment was entered pursuant to Rule 1.420(d), RCP, 30 F.S.A., after the plaintiff-petitioner had taken a voluntary dismissal near the completion of trial. Only two portions of the cost judgment are challenged. The first is that portion of the judgment which found that the reasonable value of attorney’s services to the defendant-respondent was in the amount of $4,530, but reserved ruling on the defendant’s motion to tax the same as costs. Attorney’s fees are not a portion of the taxable costs in a common law suit in this state. They are allowed to the prevailing party in certain instances which need not be discussed here. See Kittel v. Kittel, Fla.1967, 210 So.2d 1 . Inasmuch as this cause is an automobile negligence action, there is no authority for the assessment of an attorney’s fee. Rule 1.420(d), RCP, 30 F.S.A., does not provide such authority.

The second challenged portion of the cost judgment allows as an element of costs the estimated price of the reporter’s *431 transcription of the record of the incomplete trial. This item may not be allowed inasmuch as it has not been incurred. See Butler v. Borowsky, Fla.App.1960, 120 So. 2d 656 . The judgment assessing costs is quashed as to the two items discussed in this opinion and the court may, upon the entry of our judgment, enter an amended judgment if it sees fit.

It is so ordered.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

Cited by 6 cases

View all citing references →
1973: 11975: 11976: 21977: 11978: 119732026peak 1976 · 2

Relies on it most ⓘ

  1. Campbell v. Maze339 So. 2d 202 (Fla. 1976)
  2. Bankers Multiple Line Ins. Co. v. Blanton352 So. 2d 81 (Fla. Dist. Ct. App. 1977)
  3. STATE, DEPARTMENT OF CITRUS v. Griffin332 So. 2d 54 (Fla. Dist. Ct. App. 1976)
  4. Giachetti v. Johnson308 So. 2d 143 (Fla. Dist. Ct. App. 1975)
  5. Royal-Globe Insurance Cos. v. Indian River Gas Co.281 So. 2d 380 (Fla. Dist. Ct. App. 1973)
  6. Carbrell Corp. v. Phil C. Gallagher Associates, Inc.362 So. 2d 469 (Fla. Dist. Ct. App. 1978)

Most recent

  1. Carbrell Corp. v. Phil C. Gallagher Associates, Inc.362 So. 2d 469 (Fla. Dist. Ct. App. 1978)
  2. Bankers Multiple Line Ins. Co. v. Blanton352 So. 2d 81 (Fla. Dist. Ct. App. 1977)
  3. Campbell v. Maze339 So. 2d 202 (Fla. 1976)
  4. STATE, DEPARTMENT OF CITRUS v. Griffin332 So. 2d 54 (Fla. Dist. Ct. App. 1976)
  5. Giachetti v. Johnson308 So. 2d 143 (Fla. Dist. Ct. App. 1975)
  6. Royal-Globe Insurance Cos. v. Indian River Gas Co.281 So. 2d 380 (Fla. Dist. Ct. App. 1973)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 2

DepthCaseCited by
Kittel v. Kittel, 210 So. 2d 1 (Fla. 1968) 64
Butler v. Borowsky, 120 So. 2d 656 (Fla. Dist. Ct. App. 1960) 11

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