Seabrooks v. Winn Dixie Stores, Inc.

District Court of Appeal of Florida

Seabrooks v. Winn Dixie Stores, Inc.

745 So. 2d 1039, 1999 Fla. App. LEXIS 14009, 1999 WL 965594

CourtDistrict Court of Appeal of Florida

DecidedOctober 25, 1999

DocketNo. 98-4049

StatusPublished

This text of 745 So. 2d 1039 (Seabrooks v. Winn Dixie Stores, Inc.) 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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Seabrooks v. Winn Dixie Stores, Inc., 745 So. 2d 1039, 1999 Fla. App. LEXIS 14009, 1999 WL 965594 (Fla. Ct. App. 1999).

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Opinion

PER CURIAM.

The cause before us is an appeal from an order taxing costs after a jury verdict. The trial court abused its discretion in refusing to award costs for trial testimony of expert witnesses identified in paragraphs 4(www), (yyy) and (zzz) (Dr. Fral-icker only) of the motions to tax costs. § 92.231(2), Fla. Stat. (reasonable expert witness fee for trial testimony “shall be taxed as costs”). Additionally, we hold that the trial court abused its discretion in failing to award costs for preparation time in connection with the expert witnesses identified in paragraph 4(zzz). Payne v. Spier, 562 So.2d 440, 441 (Fla. 4th DCA [1040]*10401990)(citing Bystrom v. Florida Rock Indus., Inc., 513 So.2d 742 (Fla. 3d DCA 1987)). We must, therefore, remand to the trial court with directions to tax costs for these experts’ preparation time and trial testimony. As to the other disputed items of costs, Appellants fail to show that the trial court abused its discretion, and we therefore affirm. Hyster Co. v. Stephens, 560 So.2d 1334, 1337 (Fla. 1st DCA)(citing Siebert v. City of Vero Beach, 555 So.2d 983 (Fla. 4th DCA 1990)), rev. denied, 574 So.2d 141 (Fla.1990).

AFFIRMED in part, REVERSED in part, and REMANDED.

BOOTH and BENTON, JJ., and SMITH, LARRY G., Senior Judge, CONCUR.

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PER CURIAM.

The cause before us is an appeal from an order taxing costs after a jury verdict. The trial court abused its discretion in refusing to award costs for trial testimony of expert witnesses identified in paragraphs 4(www), (yyy) and (zzz) (Dr. Fral-icker only) of the motions to tax costs. § 92.231(2), Fla. Stat. (reasonable expert witness fee for trial testimony “shall be taxed as costs”). Additionally, we hold that the trial court abused its discretion in failing to award costs for preparation time in connection with the expert witnesses identified in paragraph 4(zzz). Payne v. Spier, 562 So.2d 440, 441 (Fla. 4th DCA [1040]*10401990)(citing Bystrom v. Florida Rock Indus., Inc., 513 So.2d 742 (Fla. 3d DCA 1987)). We must, therefore, remand to the trial court with directions to tax costs for these experts’ preparation time and trial testimony. As to the other disputed items of costs, Appellants fail to show that the trial court abused its discretion, and we therefore affirm. Hyster Co. v. Stephens, 560 So.2d 1334, 1337 (Fla. 1st DCA)(citing Siebert v. City of Vero Beach, 555 So.2d 983 (Fla. 4th DCA 1990)), rev. denied, 574 So.2d 141 (Fla.1990).

AFFIRMED in part, REVERSED in part, and REMANDED.

BOOTH and BENTON, JJ., and SMITH, LARRY G., Senior Judge, CONCUR.

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745 So. 2d 1039, 1999 Fla. App. LEXIS 14009, 1999 WL 965594, Counsel Stack Legal Research, https://law.counselstack.com/opinion/seabrooks-v-winn-dixie-stores-inc-fladistctapp-1999.

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