RANDY HALL v. CLAY COUNTY AUTO PARTS d/b/a Cap's Marine, etc.

District Court of Appeal of Florida

RANDY HALL v. CLAY COUNTY AUTO PARTS d/b/a Cap's Marine, etc.

192 So. 3d 1292, 2016 Fla. App. LEXIS 10125, 2016 WL 3569205

CourtDistrict Court of Appeal of Florida

DecidedJune 30, 2016

Docket1D15-4934

StatusPublished

This text of 192 So. 3d 1292 (RANDY HALL v. CLAY COUNTY AUTO PARTS d/b/a Cap's Marine, etc.) 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.

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RANDY HALL v. CLAY COUNTY AUTO PARTS d/b/a Cap's Marine, etc., 192 So. 3d 1292, 2016 Fla. App. LEXIS 10125, 2016 WL 3569205 (Fla. Ct. App. 2016).

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Opinion

PER CURIAM.

Randy Hall appeals a final judgment awarding attorney’s fees and costs to Cap’s Marine. On appeal, Hall raises four issues, all but one of which we affirm without comment.

Hall argues that the costs awarded to Cap’s for the use of six expert witnesses must be reversed because the only evidence regarding the reasonableness of such costs came from an attorney-witness who was not a qualified expert in the same *1293 fields. See Oak Square Joint Venture v. U.S. Bank Nat'l Ass’n, 143 So.3d 971, 972 (Fla. 1st DCA 2014) (explaining that evidence regarding the reasonableness of expert witness fees “must come from witnesses qualified in the areas concerned”). Based on the rule set forth in Oak Square we are compelled to reverse the costs awarded for expert witnesses Mann, Hamlin, Layton, and Batich because those costs lack the proper evidentiary support. However, we affirm the costs awarded for expert witnesses Rogozinski and Ratliff because the trial court reduced the costs for .those witnesses by the amounts requested by Hall at the evidentiary hearing.

On remand, the trial court is directed to strike the expert witness costs except for witnesses Rogozinski and Ratliff. Id.; Field Club, Inc. v. Alario, 180 So.3d 1138, 1142 (Fla. 2d DCA 2015); Powell v. Barnes, 629 So.2d 185, 186 (Fla. 5th DCA 1993).

AFFIRMED in part; REVERSED in part; REMANDED with directions.

WOLF, WETHERELL, and KELSEY, JJ., concur.

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PER CURIAM.

Randy Hall appeals a final judgment awarding attorney’s fees and costs to Cap’s Marine. On appeal, Hall raises four issues, all but one of which we affirm without comment.

Hall argues that the costs awarded to Cap’s for the use of six expert witnesses must be reversed because the only evidence regarding the reasonableness of such costs came from an attorney-witness who was not a qualified expert in the same *1293 fields. See Oak Square Joint Venture v. U.S. Bank Nat'l Ass’n, 143 So.3d 971, 972 (Fla. 1st DCA 2014) (explaining that evidence regarding the reasonableness of expert witness fees “must come from witnesses qualified in the areas concerned”). Based on the rule set forth in Oak Square we are compelled to reverse the costs awarded for expert witnesses Mann, Hamlin, Layton, and Batich because those costs lack the proper evidentiary support. However, we affirm the costs awarded for expert witnesses Rogozinski and Ratliff because the trial court reduced the costs for .those witnesses by the amounts requested by Hall at the evidentiary hearing.

On remand, the trial court is directed to strike the expert witness costs except for witnesses Rogozinski and Ratliff. Id.; Field Club, Inc. v. Alario, 180 So.3d 1138, 1142 (Fla. 2d DCA 2015); Powell v. Barnes, 629 So.2d 185, 186 (Fla. 5th DCA 1993).

AFFIRMED in part; REVERSED in part; REMANDED with directions.

WOLF, WETHERELL, and KELSEY, JJ., concur.

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192 So. 3d 1292, 2016 Fla. App. LEXIS 10125, 2016 WL 3569205, Counsel Stack Legal Research, https://law.counselstack.com/opinion/randy-hall-v-clay-county-auto-parts-dba-caps-marine-etc-fladistctapp-2016.

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