G.M. Dykes Iron Works v. Dehenffe

4 Citing cases

  1. Citizens Nat Bank of Naples v. Gilman

    566 So. 2d 343 (Fla. Dist. Ct. App. 1990)

    In view of the trial court's decision to continue the expert testimony to a later hearing, the judgment is premature. See G.M. Dykes Iron Works, Inc. v. Dehenffe, 131 So.2d 760 (Fla. 3d DCA 1961). Additionally, the court reserved ruling on whether Mrs. Gilman should be required to testify, and the Bank is entitled to have that question resolved.

  2. Holley v. City of Naples

    371 So. 2d 501 (Fla. Dist. Ct. App. 1979)   Cited 1 times

    Mr. Holley has also moved this court to award attorney fees, apparently relying on the rule that a court may, in its discretion, allow attorney fees from a common fund where an action has created, preserved, or increased a common fund in which others may share. See 8 Fla.Jur., Costs § 37; G.M. Dykes Iron Works, Inc. v. Dehenffe, 131 So.2d 760 (Fla.3d DCA 1961). We recognize the applicability of this rule to the facts of the instant case but we deny the motion without prejudice.

  3. Pan Am. Bank of Sarasota v. Hancock

    352 So. 2d 912 (Fla. Dist. Ct. App. 1977)   Cited 1 times

    Costs are not generally awarded against a successful party. See G.M. Dykes Iron Works, Inc. v. Dehenffe, 131 So.2d 760 (Fla. 3d DCA 1961); 8 Fla. Jur. Costs § 7 (1956). Since Lee-Bradley Corporation was not found liable on any cause of action asserted against it, it was a successful party and is not subject to assessment of costs.

  4. St. Petersburg Sheraton v. Stuart

    242 So. 2d 185 (Fla. Dist. Ct. App. 1971)   Cited 1 times

    We do not think this was the case, since it was shown that St. Petersburg Sheraton's total assets at the time of the accident was $1,471,980. In regard to the cost judgment appealed from, in view of our holding, costs should not be taxed against I.T. T. Moore v. Hunter, 1943, 153 Fla. 158, 13 So.2d 909; Goldstein v. Acme Concrete Corporation, Fla. 1958, 103 So.2d 202; G.M. Dykes Iron Works, Inc. v. Dehenffe, Fla. App. 1961, 131 So.2d 760. St. Petersburg Sheraton contends that the lower Court erred in taxing costs against it for depositions taken but not used at trial and assessing attorneys' fees for failure of St. Petersburg Sheraton to admit certain requests for admissions.