Narrative Opinion Summary
The Justice Administrative Commission sought a writ of certiorari to review a circuit court's order mandating reimbursement of $4,767.00 in costs to the Respondent. These costs included deposition transcription fees, video deposition fees, and other expenses. However, under Section 939.06 of the Florida Statutes, reimbursement is restricted to witness fees, sheriff expenses, and clerk of the court expenses, as clarified in Wolf v. County of Volusia. The circuit court's certification of costs exceeding these statutory limits was deemed a departure from essential legal requirements. Consequently, the appellate court granted the petition for writ of certiorari, vacated the circuit court's order, and remanded the matter with instructions to certify only those costs eligible under the statute. The decision underscores the necessity for compliance with statutory limitations on cost reimbursement. Judges Benton, Polston, and Thomas concurred in the decision, affirming the appellate court's adherence to established legal principles governing cost certifications.
Legal Issues Addressed
Departure from Essential Requirements of Lawsubscribe to see similar legal issues
Application: The circuit court's order included costs not authorized by the statute, representing a fundamental legal error necessitating appellate intervention.
Reasoning: The circuit court's certification of non-qualifying costs constituted a departure from the essential requirements of the law.
Reimbursement of Costs under Florida Statutes Section 939.06subscribe to see similar legal issues
Application: The circuit court improperly certified costs that exceeded the statutory limitations for reimbursement, leading to the granting of a writ of certiorari.
Reasoning: However, under section 939.06 of the Florida Statutes (2004), reimbursement is limited to witness fees, sheriff expenses, and clerk of the court expenses, as established in Wolf v. County of Volusia, 703 So.2d 1033, 1034 (Fla.1998).
Writ of Certiorarisubscribe to see similar legal issues
Application: The writ was granted due to the circuit court's erroneous certification, and the case was remanded for correction in accordance with statutory requirements.
Reasoning: Consequently, the petition for writ of certiorari is granted, the circuit court's order is vacated, and the case is remanded with instructions for the circuit court to certify only those costs that comply with the statutory provisions.