Plam Beach Tire Co., Inc. v. Sun Oil Co.
Supreme Court of Florida
1ConcurrenceDavis, C. J.
(concurring).—I do not think a cross writ of error to the principal judgment a proper method to review the refusal of the trial judge to allow certain items claimed as costs to be included in the principal judgment in a cost at law.
• Costs are collateral to the judgment itself. It is the plain mandatory duty of the Clerk or Judge to tax and allow all legally reasonable costs. If this duty is not performed, a writ of mandamus is the remedy for compelling the inclusion in the judgment of the proper amount of recoverable costs. But a writ of error to a judgment for costs alone does not lie,…
2Cases cited2 opinions
- Haynes v. BramlettSupreme Court of Florida · 1903
- Blanton v. West Coast Railway Co.Supreme Court of Florida · 1909