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Draker v. Miller

District Court of Appeal of Florida, Second District
Oct 26, 1983
439 So. 2d 344 (Fla. Dist. Ct. App. 1983)

Opinion

No. 83-580.

October 26, 1983.

Appeal from Circuit Court, Lee County; William J. Nelson, Judge.

Kenneth A. Jones of Humphrey, Jones Myers, P.A., Fort Myers, for appellants.

John G. Pierce, Orlando, for appellees.


The plaintiffs appeal a judgment entered upon a directed verdict against them in an action for fraudulent misrepresentation in connection with their purchase of a house. Plaintiffs also appeal the attorney's fees and costs awarded to defendants. We affirm on all points except the award of certain costs.

Defendants admit that they were improperly awarded (1) $400 in travel expenses and $92.42 in long distance telephone tolls incurred by defendants' out-of-town counsel; (2) $119.25 in photocopying costs; and (3) an expert witness fee of $157.35 for a witness who was never called to testify at trial. This cause is remanded for the trial court to revise the order by omitting the award of the foregoing costs.

We find appellants' other contentions to be without merit.

REVERSED AND REMANDED.

OTT, C.J., and RYDER, J., concur.


Summaries of

Draker v. Miller

District Court of Appeal of Florida, Second District
Oct 26, 1983
439 So. 2d 344 (Fla. Dist. Ct. App. 1983)
Case details for

Draker v. Miller

Case Details

Full title:EVERETT R. DRAKER AND MARY V. DRAKER, HUSBAND AND WIFE, APPELLANTS, v…

Court:District Court of Appeal of Florida, Second District

Date published: Oct 26, 1983

Citations

439 So. 2d 344 (Fla. Dist. Ct. App. 1983)