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.