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Winter Park Imports, Inc. v. JM Family Enterprises, Inc.

Florida Court of Appeal, Fifth District

December 23, 2011

WINTER PARK IMPORTS, INC. d/b/a Lexus of Orlando, Appellant,
v.
JM FAMILY ENTERPRISES, INC., et al., Appellees.

Page 228

[Copyrighted Material Omitted]

Page 229

Ladd H. Fassett and Phil A. D'Aniello, of Fassett, Anthony & Taylor, P.A., Orlando, and John W. Forehand of Kurkin, Forehand, Brandes, LLP, Tallahassee, for Appellant.

Dean Bunch and C. Everett Boyd, Jr., of Nelson Mullins Riley & Scarborough LLP, Tallahassee, and Daniel F. Katz and Juli Ann Lund of Williams & Connolly, LLP, pro hac vice, Washington, D.C., for Appellees.

EVANDER, J.

Winter Park Imports, Inc., d/b/a Lexus of Orlando (WPI), appeals a final order taxing costs (including interest) of $500,263.73 in favor of appellees, JM Family Enterprises, Inc., JM Auto, Inc., JM Auto II, Inc., and Southeast Toyota Distributors, LLC. We affirm, in part, and reverse, in part.

WPI initiated the subject litigation by bringing an action against appellees for damages, injunctive relief, and attorney's fees based on alleged violations of the Florida Motor Vehicle Dealer Act, sections 320.60-320.70, Florida Statutes (2005). The trial court ultimately entered summary final judgment in favor of appellees and that decision was affirmed by this court. See Winter Park Imports, Inc. v. JM Family Enters., Inc., 24 So.3d 633 (Fla. 5th DCA 2009).

In June 2010, appellees filed a motion seeking costs in the amount of $387,436.90, pursuant to section 57.041, Florida Statutes, as well as interest that accrued on said amount subsequent to entry of the final judgment. [1] Extensive documentation of the claimed costs was attached to the motion, including an affidavit from appellees' lead counsel averring that all of the requested costs were " reasonably necessary to the successful resolution of this litigation."

In response, WPI filed a memorandum objecting to the following costs sought by appellees:

1. Improper Deposition costs for charges which are not taxable.
2. Improper Video Deposition charges which are not taxable.
3. Improper Hearing Transcript costs for non-evidentiary hearings.
4. Improper Expert Witness costs for non-testifying experts.

WPI requested that the trial court disallow " all of the excess ...


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