Bower v. Connecticut General Life Ins. Co.

14 Citing cases

  1. AGO

    79-85 (Ops. Fla. Atty. Gen. Sep. 21, 1979)

    Any right or privilege of the indigent to be relieved of payment of the fee must be found in substantive law. Harrell v. State Dept. of Health and Rehabilitative Services, 361 So.2d 715 (4 D.C.A. Fla., 1978); Bower v. Connecticut General Life Insurance Company, 347 So.2d 439 (3 D.C.A. Fla., 1977); and Rule 9.430, Fla.R.App.P., and Committee Notes following.

  2. Smith v. Dept. of Health Rehab

    573 So. 2d 320 (Fla. 1991)   Cited 12 times
    Holding that section 57.081 and section 120.57(b) Florida Statutes require the state to provide a free transcript in an appeal taken by an indigent party from an adverse agency decision

    § 57.081, Fla. Stat. (1979). In an indigent's appeal from a civil judgment, the court in Bower v. Connecticut General Life Insurance Co., 347 So.2d 439 (Fla. 3d DCA 1977), held that the statute did not encompass payment of the cost of transcribing the record. The decision was based in part upon the fact that the transcribing of court proceedings is not a function or service of the court or the clerk.

  3. Ludlow v. Brinker

    403 So. 2d 969 (Fla. 1981)   Cited 5 times
    Holding that the in forma pauperis statute, section 57.081, should be strictly construed not to authorize payment for recording judgments to create judgment lien, and rejecting dissent's contention that, as a remedial statute, it should be liberally construed

    Florida courts have consistently adopted narrow constructions of the statute. See, e.g., McGriff v. McGriff, 392 So.2d 914 (Fla.3d DCA 1980) (indigent not entitled to proceed on appeal without payment of filing fee); Hillman v. Federal National Mortgage Association, 375 So.2d 336 (Fla. 4th DCA 1979), cert. denied, 385 So.2d 758 (Fla. 1980) (same); Harrell v. Department of Health and Rehabilitative Services, 361 So.2d 715 (Fla. 4th DCA 1978) (indigent not entitled to free transcript on appeal); Bower v. Connecticut General Life Insurance Co., 347 So.2d 439 (Fla.3d DCA 1977) (same). The Third District's decision to exclude post-judgment services from coverage under section 57.081 is in accord with the general trend or Florida case law.

  4. Florida Dept. v. Adoption of X.X.G

    45 So. 3d 79 (Fla. Dist. Ct. App. 2010)   Cited 9 times
    Applying rational basis review to a statute prohibiting homosexuals from adopting

    That being so, we have considered this appeal only under that test. We do not reach the argument advanced in the amicus brief filed by Talbot D'Alemberte and the Public Interest Law Center at the Florida State University College of Law which contends that a fundamental right to adopt was recognized in Grissom v. Dade County, 293 So.2d 59, 62 (Fla. 1974), and Bower v. Conn. Gen. Life Ins. Co., 347 So.2d 439, 440 (Fla. 3d DCA 1977). Under the rational basis test, "a court must uphold a statute if the classification bears a rational relationship to a legitimate governmental objective."

  5. Church v. Seidler

    587 So. 2d 669 (Fla. Dist. Ct. App. 1991)

    See Applegate v. Barnett Bank, 377 So.2d 1150 (Fla. 1979). As to waiver of cost of transcription for indigents, see Bower v. Connecticut General Life Ins. Co., 347 So.2d 439 (Fla. 3d DCA 1977). DELL, STONE and WARNER, JJ., concur.

  6. Roberts v. Unemployment Appeals Comm

    512 So. 2d 212 (Fla. Dist. Ct. App. 1987)   Cited 4 times

    We believe that there is no statute or rule provision which obliges the Commission to prepare the transcripts in question, see § 120.57(1)(b)6, Fla. Stat. (1983); Smith v. Department of Health Rehabilitative Services, 504 So.2d 801 (Fla.2d DCA 1987), and thus no requirement that they be furnished without cost under section 443.041(2)(a), Florida Statutes (1983), as the appellants claim. Banfield v. United States Sugar Corp., 506 So.2d 461 (Fla. 4th DCA 1987); see Harris v. Department of Corrections, 486 So.2d 27 (Fla. 1st DCA 1986) (indigent appellants in non-criminal cases not entitled to free transcripts under section 57.081, Florida Statutes (1980)); Curran v. Florida Probation and Parole Commission, 498 So.2d 629 (Fla.3d DCA 1986) (same); see also Harrell v. Department of Health and Rehabilitative Services, 361 So.2d 715 (Fla. 4th DCA 1978) (same under pre-1980 version of section 57.081); Bower v. Connecticut General Life Insurance Co., 347 So.2d 439 (Fla.3d DCA 1977) (same). The motions before us are therefore denied.

  7. Smith v. Dept. of Health Rehab

    504 So. 2d 801 (Fla. Dist. Ct. App. 1987)   Cited 5 times

    Accordingly, it has been held that the filing fee and any other fees of the court clerk are waived but not the costs of transcripts because they are part of a court reporter's fee not mentioned in the statute. See Bower v. Connecticut General Life Insurance Company, 347 So.2d 439 (Fla. 3d DCA 1977). Subsequent to Bower, two district courts of appeal have applied the Bower rationale to administrative appeals and thus have refused to compel free transcripts in those cases.

  8. Harris v. Department of Corrections

    486 So. 2d 27 (Fla. Dist. Ct. App. 1986)   Cited 7 times

    Prior to 1980, there was conflict among the district courts as to whether the statute applied to noncriminal appeals; two cases held that it did apply but not to the extent of authorizing the waiver of transcription costs. See Harrell v. Department of Health and Rehabilitative Services, 361 So.2d 715 (Fla. 4th DCA 1978); Bower v. Connecticut General Life Insurance Co., 347 So.2d 439 (Fla. 3rd DCA 1977). Harrell was an administrative appeal in which the Fourth District held that although section 57.081 permitted indigents to proceed without payment of costs, Chapter 120 did not require state agencies to provide transcripts free of charge.

  9. Fields v. Zinman

    394 So. 2d 1133 (Fla. Dist. Ct. App. 1981)   Cited 5 times

    The court reiterated its position, apparently en banc, in a recent case involving a petition for writ of mandamus, Latisi v. FLorida Parole Probation Commission, 382 So.2d 1355 (Fla. 2d DCA 1980). The third district has not directly addressed the issue although somewhat related questions have been before that court. Brinker v. Ludlow, 379 So.2d 999 (Fla. 3d DCA 1980); Bower v. Connecticut General Life Insurance Co., 347 So.2d 439 (Fla. 3d DCA 1977). We have found no cases indicating the stance taken by the First District on this question.

  10. Kleinschmidt v. Estate of Kleinschmidt

    392 So. 2d 66 (Fla. Dist. Ct. App. 1981)   Cited 6 times
    Asserting that the purpose of rule 9.430 was "not to expand the substantive right of an indigent . . . but merely to provide a vehicle for enforcement of the right" created under section 57.081

    McGriff v. McGriff, 392 So.2d 914 (Fla. 3d DCA 1980); Lee v. City of Winter Haven, 386 So.2d 268 (Fla. 2d DCA 1980). Consequently, we find the Legislature has partially abrogated our decision in Bower v. Connecticut General Life Insurance Company, 347 So.2d 439 (Fla. 3d DCA 1977) where we held that Section 57.081(1), Florida Statutes (1975) did not authorize "subsidized" appellate review to an indigent person. In Bower v. Connecticut General, supra, we also observed that Section 57.081(1), Florida Statutes (1975) did not authorize an indigent person gratuitous services of a court reporter for transcribing trial court proceedings.