23 Fla. L. Weekly Supp. 563a
Online Reference: FLWSUPP 2306ALONInsurance — Personal injury protection — Costs — Motion to tax cost of attendance of court reporter at hearing on insurer’s motion to dismiss count seeking declaratory judgment is denied where there is no evidence that transcript was ordered or that presence of court reporter assisted insurer in solidifying result obtained when medical provider voluntarily dismissed remaining breach of contract count
CEDA ORTHOPEDICS & INTERVENTIONAL MEDICINE OF DOWNTOWN/LITTLE HAVANA, LLC., a/a/o GLADYS ALON, Plaintiff, vs. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, a Florida corporation, Defendant. County Court, 11th Judicial Circuit in and for Miami-Dade County. Case No. 14-2362-SP-24 (01). September 29, 2015. Donald J. Cannava, Judge. Counsel: Robert J. Lee, Carlos del Amo, P.A., Coral Gables, for Plaintiff. Jamie R. Martin, Bronstein & Carmona, P.A., Fort Lauderdale, for Defendant.
ORDER DENYING DEFENDANT’SMOTION TO TAX COSTS
THIS CAUSE came before the Court on August 18, 2015, on Defendant’s Motion to Tax Costs. The Court, having reviewed the motions, affidavit and entire Court file, heard argument of counsel, reviewed relevant legal authority, and been otherwise advised in the premises, makes the following findings:
ORDERED AND ADJUDGED as follows:FACTS
1. This case arises from Plaintiff’s claim for unpaid PIP benefits under PIP coverage provided by the Defendant’s insurance company.
2. Defendant wrote a policy of insurance to Gladys Alon, which provided for coverage for personal injury protection benefits.
3. Plaintiff filed its complaint for declaratory judgment (Count I) and breach of contract (Count II) on or about June 11, 2014, which arises from the circumstances surrounding an automobile accident which occurred on July 17, 2013, in which Gladys Alon sustained personal injuries.
4. The Defendant moved to dismiss as to Count I of Plaintiff’s Complaint seeking declaratory relief.
5. The Court granted Defendant’s Motion to Dismiss Count I on December 2, 2014, leaving Plaintiff’s cause of action under breach of contract, Count II, intact.
6. On or about March 6, 2015, Plaintiff filed a notice of voluntary dismissal. The Court has received no evidence nor has there been any representation that the dismissal of Plaintiff’s cause of action under breach of contract was related to Defendant’s motion to dismiss as to declaratory relief.
7. Thereafter, Defendant filed its Motion to Tax Costs on March 20, 2015.ISSUE
8. The Issue for the Court’s determination is whether attendance of a court reporter at the hearing on Defendant’s Motion to Dismiss Count I is a taxable cost. Under the circumstances in the present case, the Court answers in the negative and denies Defendant’s Motion to Tax Costs.
ARGUMENT
9. Plaintiff contends that the mere act of hiring a court reporter coupled with a notice of voluntary dismissal is not sufficient to deem a cost as taxable. Here, there is no evidence that the hearing transcript was ordered by the Defendant or helped to solidify the end result obtained. The court reporter’s transcript was not useful or meaningful and is therefore not taxable.
10. Defendant contends that the Court must award the court reporter appearance fee as it is within the Uniform Guidelines for Taxation of Costs.CONCLUSIONS OF LAW
11. The Court has sound discretion on what it will allow as taxable costs in a civil action. The Court has found that in order to properly administer justice, the costs of litigation must be kept within reasonable bounds. Travis v. Blackmon, 155 So. 2d 698 (Fla. Dist. Ct. App. 1st Dist. 1963). In order for costs to be taxable, the information obtained must serve a useful purpose. Martin v. Marlin, 528 So. 2d 943 (Fla. 3rd DCA 1988), See also Caceres v. Physicians Protective Trust Fund, 489 So. 2d 869 (Fla. 3rd DCA 1986). In Martin, the plaintiffs appealed an order awarding costs against them. The appellate court refused to tax the costs of transcripts of pretrial hearings because it determined that those items did not serve a useful purpose for the defendants to secure a judgment in their favor. Martin, 528 So. 2d at 943.
12. It is well established that where a court reporter has served a useful and necessary purpose in proceedings, such expenses are allowable. Wilkins v. Superx Drugs of Florida, Inc., 232 So. 2d 19 (Fla. 4th DCA 1970). However, the significance of the costs must always be related to a useful and meaningful purpose. Wilkins, 232 So. 2d at 20.
13. In this case, the court finds that the court reporter in attendance at the hearing on Defendant’s Motion to Dismiss was not for a useful and meaningful purpose as the court has no evidence before it indicating that the transcript was ordered or that the presence of the court reporter assisted the Defendant in solidifying the result obtained in the case.
Accordingly, the Defendant’s Motion to Tax Costs is DENIED.
