DAVIS v. MANDAU

No. 60999.

410 So.2d 915 (1981)

Mary DAVIS and Jack Davis, Her Husband, Petitioners, v. Mollie MANDAU, Billy H. Bryant, Paul F. Dicken, Rocks & Stones, Inc., Biff-Burger of Clewiston, Inc., National Biff-Burger, Clewiston Builders, Inc., Swindle Bros. Dragline & Paving, and Donald R. Evans D/B/a Evans Plumbing & Supply Co., Respondents.

Supreme Court of Florida.

Rehearing Denied March 10, 1982.


Attorney(s) appearing for the Case

Michael D. Felton of the Law Offices of David H. Zoberg, Miami, for petitioners.

Andrew D. Owens, Jr. of Dickinson, O'Riorden, Gibbons, Quale, Shields & Carlton, Sarasota, for Mandau, Bryant, Dicken, Rocks & Stones, Inc. and Biff-Burger of Clewiston, Inc.

Robert L. Donald of Pavese, Shields, Garner, Haverfield, Kluttz & Cottrell, Fort Myers, for Nat. Biff-Burger.

Jack J. Rafter, Jr., Clewiston, for Clewiston Builders, Inc. and Swindle Bros. Dragline & Paving.

Gerald W. Pierce of Henderson, Franklin, Starnes & Holt, Fort Myers, for Evans.


ALDERMAN, Justice.

The District Court of Appeal, Second District, in Davis v. Mandau, 400 So.2d 89 (Fla.2d DCA 1981), affirmed in summary fashion the trial court's entry of summary judgment for respondents but decided that the trial court erred in entering a cost order in favor of respondent Evans to the extent that it taxed the costs of depositions. The district court then certified that the portion of its decision relating...

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