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LEE COUNTY v. EATON

No. 94-00886.

642 So.2d 1126 (1994)

LEE COUNTY, a political subdivision of the State of Florida, Petitioner, v. Sandra EATON and Peter A. Gurry, Respondents.

District Court of Appeal of Florida, Second District.

September 21, 1994.

Attorney(s) appearing for the Case

James G. Yaeger, Lee County Atty., and Thomas L. Wright, Asst. County Atty., Fort Myers, for petitioner.

Kerry E. Mack of Kerry E. Mack, P.A., Englewood, for respondent Sandra Eaton.

Robert D. Young of Robert D. Young, P.A., North Fort Myers, for respondent Peter Gurry.

ALTENBERND, Judge.

Lee County has filed a petition for certiorari, which we elect to treat as a motion to review a cost order. See Fla.R.App.P. 9.400(c). We reverse the order to the extent that it requires Lee County, a nonparty to this civil action, to pay for an appellate transcript. The fact that the successful appellant may be indigent is not a basis to require a county to pay for a transcript in an ordinary civil action.

Sandra Eaton sued Peter...

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