Dade County v. Trombly

Florida District Courts of Appeal
Dade County v. Trombly, 104 So. 2d 606 (1958)
1958 Fla. App. LEXIS 2417
Carroll, Chas, Horton, Pearson

Dade County v. Trombly

Opinion of the Court

PER CURIAM.

Petitioner-appellant seeks review of that portion of a final decree taxing costs against it. The background, history and decision of this matter are set out fully in 102 So.2d 394. The petitioner contends the trial judge failed to follow the Mandate after a reversal and remand of the former decree, or in any event there was no legal basis upon which to predicate a cost judgment against it.

The petition is granted and that portion of the final decree assessing costs against the petitioner-appellant is reversed with directions to the court below to enter judgment for the costs against the appellee, and in favor of the appellant. See The Equitable Life Assurance Society of United States v. Nichols, Fla.1956, 84 So.2d 500, 502, and National Rating Bureau Inc., v. Florida Power Corp., Fla.1956, 94 So.2d 809, 812.

CARROLL, CHAS., C. J., and HORTON and PEARSON, JJ., concur.

Reference

Full Case Name
DADE COUNTY, a political subdivision of the State of Florida, Faris N. Cowart, Charles F. Hall, Edwin L. Mason, John B. McLeod and Ralph A. Fossey, as the Board of County Commissioners of Dade County, Florida v. Frank W. TROMBLY, M.D.
Cited By
1 case
Status
Published