Wiper Hut Systems, Inc. v. Steavens

Florida District Courts of Appeal
Wiper Hut Systems, Inc. v. Steavens, 626 So. 2d 289 (1993)
1993 Fla. App. LEXIS 11105; 1993 WL 444943
Farmer, Klein, Pariente

Wiper Hut Systems, Inc. v. Steavens

Opinion of the Court

PER CURIAM.

Petitioners, defendants below, seek certio-rari review of a trial court’s order denying a portion of their motion to tax costs and their motion to assess attorney’s fees against re-spondeni/plaintiff, after plaintiffs voluntary dismissal of this lawsuit. Certiorari is the proper method to review this order. Rose Printing Co., Inc. v. Wilson, 602 So.2d 600 (Fla. 1st DCA 1992), aff'd, 624 So.2d 257 (Fla. 1993). We quash the order and remand with directions that the trial court award the costs relating to the deposition of the plaintiff and award attorney’s fees, which are recoverable under these circumstances by virtue of the contract between the parties. Id.

FARMER, KLEIN and PARIENTE, JJ., concur.

Reference

Full Case Name
WIPER HUT SYSTEMS, INC., Masco Industries, Inc., Russell M. Thompson and Robert J. Roch v. David STEAVENS
Cited By
2 cases
Status
Published