Public-domain · open source
OpenJurist

305 So. 2d 227

Coffman v. Jordan

District Court of Appeal of Florida

Decided December 13, 1974

District Court of Appeal of Florida · decided 1974-12-13

Cited by 1 later decisions — most recently February 1979

1 state decisions

Relies on Kittel v. Kittel

Good law ✅— No negative treatment on recordhow we know

Decided 1974-12-13

View the full empirical analysis of this case →

PER CURIAM.

¶1This Petition for a Writ of Certiorari seeks review of a cost judgment in which Respondents were awarded $1500.00 for attorneys fees. Petitioners filed suit in the Circuit Court for breach of contract and accounting against the Respondents and subsequently voluntarily dismissed same pursuant to Florida Rules of Civil Procedure, Rule 1.420(a) (1) (i). Thereafter the trial court granted Respondents’ Motion to Tax Costs, including the disputed $1,500.00 for attorneys fees.

¶2Attorneys fees are not an allowable item of taxable costs in a common law suit in this State except in certain instances which need not be repeated here. On the authority of Kittel v. Kittel, Fla.1967, 210 So.2d 1, the Petition for Writ of Certiorari is accordingly hereby granted and the Order of the trial court awarding attorneys fees as taxable costs is quashed. This cause is re*228manded to the Circuit Court for further proceedings consistent herewith.

WALDEN and MAGER, JJ., and MOORE, JOHN H., II, Associate Judge, concur.
/305/so2d/227 · .json · Public domain