Florida District Courts of Appeal, 2015

Suljic v. Barker

Suljic v. Barker
Florida District Courts of Appeal · Decided October 21, 2015 · Altenbernd, Kelly, LaROSE, Per Curiam
177 So. 3d 98; 2015 Fla. App. LEXIS 15535; 2015 WL 6161282 (Southern Reporter, Third Series)

Suljic v. Barker

Opinion

*99 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.

Affirmed in part, reversed in part, and remanded.

ALTENBERND, KELLY, and LaROSE, JJ., Concur.

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