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28 P.R. 843

Benvenutti v. Vázquez

Supreme Court of Puerto Rico

Decided November 8, 1920

Supreme Court of Puerto Rico · decided 1920-11-08

<p>Appeal — Frivolous Appeal — Memorandum op Costs — Attorney Fees. — The sole ground alleged in support of the appeal being that the district court can not of itself, acting as an expert, estimate whether or not the amount of attorney fees in a memorandum of eosts is reasonable and tlie Supreme Court having decided the question in several eases, among them González v. Collazo, 25 P. R. R. '146, the appeal is frivolous and will be dismissed.</p>

Decided 1920-11-08

Mr. Justice Aldrey

¶1delivered the opinion of the court.

¶2One of the grounds of the motion for the dismissal of this appeal is that the appeal is frivolous.

¶3The appellee submitted a memorandum of costs amounting- to $342.60, which included an item of $300 for his attorney’s fees. The court reduced this item to $200 and taxed the total costs at $219.

¶4An appeal was taken from that order and in the appellant’s brief the sole ground alleged is that the lower court can not of itself, acting as an expert, estimate whether the said fees were reasonable. However, as this question has been considered and decided by us in various cases, among them González v. Collazo, 25 P. R. R. 146, we are of the opinion that the appeal is frivolous and should be dismissed for this reason.

¶5Appeal dismissed.

Chief Justice Hernandez and Justices Wolf and del Toro concurred.Mr. Justice Hutchison took no part in the decision of this case.
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