Opinion
Nos. 81-346, 81-1079, 81-492 and 81-1117.
March 16, 1982.
Appeal from the Circuit Court, Dade County, Herbert M. Klein, J.
Goldstein Professional Association, Daniels Hicks and Mark Hicks, Miami, for Eladio Godoy and Lesbia Godoy.
Talburt, Kubicki Bradley, Miami, for Delores Marquez.
Robert A. Ginsburg, Dade County Atty., and John E. Finney, Asst. County Atty., for Dade County and John A. Braxton, Jr.
Before SCHWARTZ, DANIEL S. PEARSON and JORGENSON, JJ.
The single issue left in this appeal is court costs in the amount of $5,666.36, which the trial court declined to tax against the County in light of our opinion in Berek v. Metropolitan Dade County, 396 So.2d 756 (Fla. 3d DCA 1981). Appellant concedes Berek, supra, is controlling and points to the direct conflict in State Board of Regents v. Yant, 360 So.2d 99 (Fla. 1st DCA 1978). We adhere to our previous opinion in Berek, supra, and decline to follow Yant, supra. Accordingly, the judgment finding the County not liable for court costs in excess of its statutory limitation is affirmed.
Affirmed.
Only because my dissenting views, to which I still adhere, did not prevail in Berek, I concur in the decision of the court.