Wednesday, December 9, 2009

Judgment Creditor Must Pay Costs Of Proceedings Supplementary To Execution - But Can Tax Costs Against Debtor

In PMI Mortgage Insurance Co. v. Kahn (3D09-65), the Third District affirmed the trial court's decision requiring the judgment creditor to pay the costs of a special magistrate associated with a proceedings supplementary to execution.  The court concluded "We answer that question in the affirmative, concurring with a manual for practitioners on the topic: “[o]f course, the judgment creditor must pay for the magistrate, but the costs may be taxed against the defendant.'"


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