Partly in response to West Virginia University Hospitals v. Casey, Congress amended 42 U.S.C. § 1988 to allow a court to award honors to experts in cases of racial discrimination and wilful discrimination in the workplace. However, in most cases arising from federal fee transfer legislation, a successful party cannot recover all expert fees and other costs unless otherwise specified in the law. Fees for costs that the courts pass on to lawyers, who then pass them on to their clients or to the losing party. Court fees typically include: filing fees, service fees for subpoenas and subpenas, court reporter fees for statements (which can be very expensive), court transcripts, and copies of documents and exhibits. The prevailing party in a dispute is usually awarded court costs. Lawyers` fees can only be included in court costs if there is a law that provides for the award of attorneys` fees in a particular type of case, or if the case involved a contract that included a lawyer`s fee clause (often found in promissory notes, mortgages, and trust deeds). If a successful party disagrees with the court costs claimed (which are included in a submitted cost account), they can ask the judge to pay “tax fees” (i.e. reduce or reject costs), resulting in a hearing where the court determines which costs are eligible and how much (how much).

In Saia Motor Freight Line, Inc. v. Reid, 888 So. 2d 102 (Fla.3d DCA 2004), the Third District adopted the Fourth District`s argument in Fisher, stating that the trial court “may award costs under the reservation of jurisdiction of a final judgment even if a party has failed to meet the 30-day time limit set out in [rule] 1,525”. 32 1 Lyn v. Lyn, 884 So. 2d 181, 183 (Fla. 2d D.C.A. 2004). 2 Carter v. Lake County, 840 So.

2d 1153, 1156 (Fla. 5th D.C.A. 2003). 3 Id. at 676-77. 4 Fla. R. Civ. P.

2d at 676-77. 6 Id., p. 677. 7 Id. 8 As discussed below, Rule 1.525 no longer applies to family law proceedings under Fla. R. Fam. Law Proc. 12.525 (2005). Wentworth v Johnson, 845 So.

2d 296 (Fla. 5th D.C.A. 2003), was decided before the adoption of Rule 12.525. 9 Wentworth, 845 So. 2d 296, 299 (Fla. 5th D.C.A. 2003). 10 Id., p. 298.

11 Id. 12 Id. 13 Id. 14 Id. 15 Id. 16 Id. 17 Id. 18 Id. at 299-300. 19 Hershberger, 845 So.

2d 344, 345 (Fla. 2d D.C.A. 2003). 20 id. For more information on what constitutes an application under rule 1.525 and whether a notice of hearing is sufficient, see the “Other Issues to Consider” section. 21 Id. 22 Id. 23 Id.

at 345-46. 24 Id., p. 346 (citing Wunderle v. Fruits, Nuts & Bananas, Inc., 715 So. 2d 325 (Fla. 2d D.C.A. 1998)). 25 Lyn, 884 So.

2d 181, 185 (Fla. 2d D.C.A. 2004). 26 Braxton, 2005 Fla. App. LEXIS 8112, at *7. 27 Fisher, 864 So. 2d 493, 494 (Fla. 4th D.C.A. 2004). 28 Id.

29 Id. 30 Id. at 495-96. 31 It should be noted, however, that the Fourth District is not devoid of loyal dissenters on this issue. In Manimal Land Co. v. Randall E. Stofft Architects, P.A., 889 So. 2d 974 (Fla. 4th D.C.A. 2004), Justice Larry Klein concluded that he had concluded that Fisher could not be reconciled with rule 1.525.

Id., p. 976 (Klein, J., agrees). It expressly stated that “a reservation of jurisdiction in a final judgment on the award of attorneys` fees is not a logical basis for making an exception to Rule 1,525 because such a reservation of jurisdiction is unnecessary and therefore ineffective”. (citing Finkelstein v. North Broward Hosp. Dist., 484 So. 2d 1241 (fla. 1986)). 32 Saia, 888 So. 2d 102, 104 (Fla.3d D.C.A. 2004), for consideration, 903 So.

2d 190 (Fla. 2005). 33 Amendments to the Florida Family Law Rules of Procedure (Rule 12.525), 897 So. 2d 467, 467 (Fla. 2005). The Court added that “the method of taxing lawyers` fees and expenses in family law matters differs significantly from that used in civil proceedings.