Florida District Courts of Appeal, 2001

Kelly v. Community Hospital of the Palm Beaches, Inc.

Kelly v. Community Hospital of the Palm Beaches, Inc.
Florida District Courts of Appeal · Decided August 15, 2001 · Gersten, Nesbitt, Ramirez
799 So. 2d 255; 2001 Fla. App. LEXIS 11439; 2001 WL 912949 (Southern Reporter, Second Series)

Kelly v. Community Hospital of the Palm Beaches, Inc.

Opinion of the Court

PER CURIAM.

Thomas J. Kelly, M.D. and Thomas J. Kelly, M.D., P.A. appeal the entry of an adverse final judgment on a motion to tax costs. We affirm.

The “[imposition of costs after judgment is largely within the discretion of the trial judge, and will not be disturbed on appeal absent a clear showing of abuse of that discretion.” Goslin v. Racal Data Communications, Inc., 468 So.2d 390, 392 (Fla. 3d DCA 1985). In this case, there is *256abundant evidence which more than reasonably supports the trial judge’s decision, and thus, there is no abuse of discretion. The evidence includes the testimony of two experts both of whom testified as to the taxable costs, the time spent on each cost, and the cost necessity. The evidence also includes invoices prepared by the experts, affidavits as to the amounts actually paid by Community Hospital, and breakdowns of the hours and fees incurred by both experts.

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