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328 So. 2d 535

McClellan v. State

District Court of Appeal of Florida · decided 1976-03-17

Relies on 248 So. 2d 176 - Wood v. City of Jacksonville · Lillibridge v. City of Miami

Decided 1976-03-17

PER CURIAM.

¶1Upon a hearing held on a citation of the appellant for contempt of court, judgment was entered in favor of the respondent-appellant absolving him of the charged contempt. However the court ordered that costs in a certain amount be paid by the respondent, from which latter ruling the respondent appealed. We find error and reverse.

¶2The taxing or charging of costs against the successful party in that proceeding was not authorized. See §§ 57.041 and 939.06 Fla.Stat., F.S.A. Wood v. City of Jacksonville, Fla.App.1971, 248 So.2d 176; Lillibridge v. City of Miami, Fla.1973, 276 So.2d 40, 41.

¶3The judgment and order for payment of costs by the respondent-appellant are reversed.

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