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Wiper Hut Systems, Inc. v. Steavens

District Court of Appeal of Florida, Fourth District
Nov 3, 1993
626 So. 2d 289 (Fla. Dist. Ct. App. 1993)

Opinion

No. 93-2627.

November 3, 1993.

Petition for review from the Circuit Court, Broward County, John T. Luzzo, J.

Jeffrey B. Shapiro and Mitchell R. Katz, Herzfeld and Rubin, Miami, for petitioners.

No appearance by respondent.


Petitioners, defendants below, seek certiorari review of a trial court's order denying a portion of their motion to tax costs and their motion to assess attorney's fees against respondent/plaintiff, after plaintiff's voluntary dismissal of this lawsuit. Certiorari is the proper method to review this order. Rose Printing Co., Inc. v. Wilson, 602 So.2d 600 (Fla. 1st DCA 1992), aff'd, 624 So.2d 257 (Fla. 1993). We quash the order and remand with directions that the trial court award the costs relating to the deposition of the plaintiff and award attorney's fees, which are recoverable under these circumstances by virtue of the contract between the parties. Id.

FARMER, KLEIN and PARIENTE, JJ., concur.


Summaries of

Wiper Hut Systems, Inc. v. Steavens

District Court of Appeal of Florida, Fourth District
Nov 3, 1993
626 So. 2d 289 (Fla. Dist. Ct. App. 1993)
Case details for

Wiper Hut Systems, Inc. v. Steavens

Case Details

Full title:WIPER HUT SYSTEMS, INC., MASCO INDUSTRIES, INC., RUSSELL M. THOMPSON AND…

Court:District Court of Appeal of Florida, Fourth District

Date published: Nov 3, 1993

Citations

626 So. 2d 289 (Fla. Dist. Ct. App. 1993)

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