District Court of Appeal of Florida September 20, 2000, No. 2D99-2726 (Brophy v. Condon)

DAVIS, Judge.

Donald R. Brophy appeals the order requiring him to pay certain costs arising out of his unsuccessful surcharge action against Gerald L. Condon. We conclude that the trial court abused its discretion in ordering Brophy to pay these costs, and, accordingly, reverse.

Donald R. Brophy filed an action for surcharge against Gerald L.