40 Fla. L. Weekly
D2391aTop of Form
D2391aTop of Form
Costs
— Voluntary dismissal — Where plaintiff voluntarily dismissed personal injury
action without prejudice and almost immediately refiled, trial court properly
awarded costs to defendant in the first action — Certain copying costs awarded
for materials that were never filed with trial court appear to be unauthorized
under guidelines, hence judgment to be reduced accordingly
— Voluntary dismissal — Where plaintiff voluntarily dismissed personal injury
action without prejudice and almost immediately refiled, trial court properly
awarded costs to defendant in the first action — Certain copying costs awarded
for materials that were never filed with trial court appear to be unauthorized
under guidelines, hence judgment to be reduced accordingly
NAZIF SULJIC, Appellant, v. ROBERT C. BARKER, JR., and CORNERSTONE
COMMUNITY BANK, Appellees. 2nd District. Case No. 2D14-5028. Opinion filed
October 21, 2015. Appeal from the Circuit Court for Pinellas County; Walter L.
Schafer, Jr., Judge. Counsel: Crystal L. Sebago and Paul Puzzanghera of
Puzzanghera Law Offices, P.A., Clearwater, for Appellant. Stuart J. Freeman of
Brasfield, Freeman, Goldis & Cash, P.A., St. Petersburg, for Appellees.
COMMUNITY BANK, Appellees. 2nd District. Case No. 2D14-5028. Opinion filed
October 21, 2015. Appeal from the Circuit Court for Pinellas County; Walter L.
Schafer, Jr., Judge. Counsel: Crystal L. Sebago and Paul Puzzanghera of
Puzzanghera Law Offices, P.A., Clearwater, for Appellant. Stuart J. Freeman of
Brasfield, Freeman, Goldis & Cash, P.A., St. Petersburg, for Appellees.
(PER CURIAM.) Nazif Suljic appeals a cost judgment entered after he
voluntarily dismissed a personal injury action without prejudice. The action
was dismissed in January 2014 and almost immediately refiled. The defendants,
Robert C. Barker, Jr., and Cornerstone Community Bank, timely sought costs in
the first action, and they eventually sought to stay the second action until
the costs were paid. See Fla. R. Civ. P. 1.420(d). The trial court
awarded total costs of $6192.06. We affirm the award of costs with the
exception of certain “copying” costs for materials that were never filed with
the trial court. The amounts awarded for “general copying,” “medical records,”
and “duplicates of subpoenas,” which total $483.25, do not appear to be
authorized under the Statewide Uniform Guidelines for Taxation of Costs in
Civil Actions, and the defendants did not establish that these special costs
were “reasonably necessary . . . to . . . defend . . . the case at the time the
action precipitating the cost was taken.” See In re Amendments to
Uniform Guidelines for Taxation of Costs, 915 So. 2d 612, 616 (Fla. 2005).
Accordingly, on remand the cost judgment shall be reduced by this amount.
voluntarily dismissed a personal injury action without prejudice. The action
was dismissed in January 2014 and almost immediately refiled. The defendants,
Robert C. Barker, Jr., and Cornerstone Community Bank, timely sought costs in
the first action, and they eventually sought to stay the second action until
the costs were paid. See Fla. R. Civ. P. 1.420(d). The trial court
awarded total costs of $6192.06. We affirm the award of costs with the
exception of certain “copying” costs for materials that were never filed with
the trial court. The amounts awarded for “general copying,” “medical records,”
and “duplicates of subpoenas,” which total $483.25, do not appear to be
authorized under the Statewide Uniform Guidelines for Taxation of Costs in
Civil Actions, and the defendants did not establish that these special costs
were “reasonably necessary . . . to . . . defend . . . the case at the time the
action precipitating the cost was taken.” See In re Amendments to
Uniform Guidelines for Taxation of Costs, 915 So. 2d 612, 616 (Fla. 2005).
Accordingly, on remand the cost judgment shall be reduced by this amount.
Affirmed in part, reversed in part, and remanded. (ALTENBERND, KELLY, and
LaROSE, JJ., Concur.)
LaROSE, JJ., Concur.)