Harrison v. State

District Court of Appeal of Florida

Harrison v. State

519 So. 2d 72, 13 Fla. L. Weekly 287, 1988 Fla. App. LEXIS 304, 1988 WL 4407

CourtDistrict Court of Appeal of Florida

DecidedJanuary 28, 1988

DocketNo. 87-1085

StatusPublished

Cited by1 cases

This text of 519 So. 2d 72 (Harrison v. State) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Harrison v. State, 519 So. 2d 72, 13 Fla. L. Weekly 287, 1988 Fla. App. LEXIS 304, 1988 WL 4407 (Fla. Ct. App. 1988).

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Opinion

COBB, Judge.

The trial court ordered Harrison’s counsel to personally pay an expert witness fee. The state concedes that there is no authority allowing a trial court to order defense counsel to personally pay costs in a criminal case, other than as a sanction, and we can find no contractual or statutory basis for such an order. See Israel v. Lee, 470 So.2d 861 (Fla. 2d DCA 1985) (an attorney cannot be held personally liable for costs of opposing party in the absence of authorization by a contract or by a statute). Since the order here was not imposed as a sanction, it is quashed, and this case is remanded.

QUASHED and REMANDED.

ORFINGER J., and UPCHURCH, FRANK D., Jr., J., Retired, concur.

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COBB, Judge.

The trial court ordered Harrison’s counsel to personally pay an expert witness fee. The state concedes that there is no authority allowing a trial court to order defense counsel to personally pay costs in a criminal case, other than as a sanction, and we can find no contractual or statutory basis for such an order. See Israel v. Lee, 470 So.2d 861 (Fla. 2d DCA 1985) (an attorney cannot be held personally liable for costs of opposing party in the absence of authorization by a contract or by a statute). Since the order here was not imposed as a sanction, it is quashed, and this case is remanded.

QUASHED and REMANDED.

ORFINGER J., and UPCHURCH, FRANK D., Jr., J., Retired, concur.

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Bluebook (online)

519 So. 2d 72, 13 Fla. L. Weekly 287, 1988 Fla. App. LEXIS 304, 1988 WL 4407, Counsel Stack Legal Research, https://law.counselstack.com/opinion/harrison-v-state-fladistctapp-1988.

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