Posted January 21, 2010

Costs - Taxes


Fifth DCA Denies Taxation Of Overhead Expenses To Opposing Party

The Landmark Winter Park, LLC v. Colman,
35 FLW D102 (Fla. 5th DCA Dec. 31, 2009)
Submitted by  Dorothy Venable DiFiore

Appellate Court reversed award of fees and costs because it included costs that are not taxable under the Uniform Guidelines. The court specifically held that postage, online research, facsimile charges, courier services, photocopies, scanning documents and trail supplies, parking, overtime paralegal work, after-hours hearing and air conditioning, mileage, meals and long distance phone calls are not taxable to the opposition (absent extraordinary circumstances such as an incarcerated party). However, photocopies of trial exhibits and the court reporter per diem are taxable, regardless of whether the depositions were used at trial. Because the order was unclear on whether such items were taxed, the matter was remanded for trial court to ensure that such items are deducted from the amount awarded.

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