Payne v. Spier

District Court of Appeal of Florida

Payne v. Spier

562 So. 2d 440, 1990 Fla. App. LEXIS 4434, 1990 WL 82543

CourtDistrict Court of Appeal of Florida

DecidedJune 20, 1990

DocketNo. 89-1420

StatusPublished

Cited by2 cases

This text of 562 So. 2d 440 (Payne v. Spier) 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

Payne v. Spier, 562 So. 2d 440, 1990 Fla. App. LEXIS 4434, 1990 WL 82543 (Fla. Ct. App. 1990).

Pincite

Opinion

SALMON, MICHAEL H., Associate Judge.

After a favorable jury verdict and resulting judgment, the plaintiff moved to tax costs, including a requested award to reimburse for expert testimony for a rehabilitation expert and an economist. Dissatisfied with the award, the appellant filed this appeal. We reverse.

The trial judge announced that he would only award an amount for each expert which represented a reasonable fee for trial time, and declined to consider an award for research and preparation which might have been necessary to give their opinions at trial. In failing to consider these factors, the trial judge abused his discretion. Bystrom v. Florida Rock Industries, Inc., 513 So.2d 742 (Fla. 3d DCA 1987).

Reversed and remanded to reconsider the appellant’s motion to tax costs.

GLICKSTEIN and DELL, JJ., concur.

Free access — add to your briefcase to read the full text and ask questions with AI