Cases

An award of specific costs to the prevailing party pursuant to Section 440.34(3), Florida Statutes (2011) is generally reviewed for abuse of discretion.  In reviewing a discretionary act, the appellate court should apply the "reasonableness test" to determine whether the trial court abused its discretion.  Court agreed with the claimant that the costs reasonably necessary to defend the claims in this instance would not include the cost of the condensed versions of deposition transcripts which was incurred in addition to the cost for the original and one copy (i.e., a third copy of the depositions).  Court reduced the costs awarded to exclude the $150 in costs for the condensed transcripts.  As modified, the JCC's award of costs against the claimant was affirmed.