St. James Behavioral Health Hospital, Inc. v. Gopalam

199 So. 3d 639, 2016 La.App. 1 Cir. 0170, 2016 La. App. LEXIS 1438, 2016 WL 4062871
CourtLouisiana Court of Appeal
DecidedJuly 28, 2016
DocketNo. 2016 CA 0170
StatusPublished
Cited by2 cases

This text of 199 So. 3d 639 (St. James Behavioral Health Hospital, Inc. v. Gopalam) is published on Counsel Stack Legal Research, covering Louisiana Court of Appeal primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
St. James Behavioral Health Hospital, Inc. v. Gopalam, 199 So. 3d 639, 2016 La.App. 1 Cir. 0170, 2016 La. App. LEXIS 1438, 2016 WL 4062871 (La. Ct. App. 2016).

Opinion

McCLENDON, J.

Appellants seek review of a judgment that taxed them with all court costs following a trial on the merits. Appellants also seek review of the reasonableness of the amounts taxed. For the following reasons, we amend the judgment and affirm the judgment as amended.

FACTS AND PROCEDURAL HISTORY

A bench trial in the underlying matter was held on July 8-11, 2014. Thereafter, the matter was taken under advisement and all parties were permitted to file post-trial briefs.

On October 27, 2014, the trial court issued written Reasons for Judgment. The trial court signed a written judgment on December 9, 2014.1 In its December 9, 2014 judgment, -the trial court ordered, adjudged,' and decreed that “St. James Behavioral Health - Hospital, Inc., Rama Kongara, M.D., Lance Bullock, M.D., and Wendell B. Smith, are hereby cast with 66 2/3% of the costs of this proceeding.”

On March 27, 2015, Gopinath Gopalam, Sevenhills Healthcare, LLC, and Apollo Management Consultants, LLC (hereinafter “appellees”) filed a “Post Trial Motion to Tax Expert Witness Fees as Costs.”

On July 6, 2015, the appellees’ motion was scheduled for hearing, but the trial court agreed to conduct a full evidentiary hearing and determined that it could not do so without the testimony of the former trial judge. Judge Ralph Tureau, who was the trial judge who rendered the December 9, 2014, judgment, had retired and the matter was now before a different district court judge.

On August 13, 2015, St. James Behavioral Health Hospital, Inc., Rama Kongara, M.Í)., Lance Bullock, M.D., and Wendell Smith (hereinafter “St. James”), filed a “Cross-Motion to Tax Expert Witness Fees as Costs,” requesting that the appel-lees be cast with 33 1/3% of the costs incurred by appellants.

liiOn September 5, 2015, both motions came before the trial court. Judge Tureau testified at . the hearing that the CPA experts and healthcare experts for both parties were helpful and informative. Judge Tureau testified that he relied on each party’s experts equally. Judge Tureau also, stated that the “costs of this proceeding,” as provided in the December 9, 2014, [642]*642final judgment, were not intended to address expert witness fees because he lacked sufficient information at the time regarding the witness fees.

Appellees introduced into evidence invoices supporting their claims for costs in the amount of $90,255.25, which included $61,968.75 for their CPA expert, Phillip Monteleone, $27,286.50 for them healthcare expert, William Waring, and a $1,000.00 fee relative to taking the deposition of St. James’s CPA expert Jason MacMorran. St. James also introduced into evidence invoices of its claims for costs in the amount of $37,007.15, which included $25,802.50 for their CPA expert, Jason MacMorran, $10,129.65 for their healthcare expert, Heath Veuleman, and $1,075.00 in fees relative to taking the depositions of appellees’ experts, Phillip Monteleone and William Waring.

After the hearing, the trial court took the matter under advisement. The trial court subsequently issued a written judgment on September 18, 2015, that cast St. James with 100% of appellees’ expert witness fees, but reduced those fees by 20%. As such, ' appellees were awarded $72,204.20, or 80% of their total costs submitted.2 The trial court dismissed St. James’s claim for reimbursement.

St. James has appealed the September 18, 2015, judgment, assigning the following as error:

1. That the Trial Court abused its discretion in awarding Appellees’ expert witness fees;
2. That the Trial Court abused its discretion in failing to cast Appellees with 33 1/3% of their own costs associated with this proceeding;
3. That the Trial Court abused its discretion in failing to award [St. James] any costs associated with this proceeding;
|44. That the Trial Court abused its discretion in awarding Appellees $72,204.20, or 80%, of their costs associated with this proceeding; and
5. That the Trial Court ... abused its discretion by finding that Appellees’ expert witness fees were reasonable.

We will address the assignments of error in the order in which they were briefed.

DISCUSSION

Under LSA-R.S. 13:3666, LSA-R.S. 13:4533, and LSA-C.C.P. art.1920, the trial judge has great discretion in awarding costs, including expert witness fees, deposition costs, exhibit costs and related expenses. Bourgeois v. Heritage Manor of Houma, 96-0135 (La.App. 1 Cir. 2/14/97), 691 So.2d 703, 706. While the general rule is that the party cast in judgment should be assessed with court costs, the trial court may assess costs in any equitable manner and against any party in any proportion it deems just, even against the party prevailing on the merits. See LSA-C.C.P. art.1920 and Bourg v. Cajun Cutters, Inc., 14-0210 (La.App. 1 Cir. 5/7/15), 174 So.3d 56, 73.

An expert witness is entitled to reasonable compensation both for his court appearance and for his preparatory work. Bourgeois, 691 So.2d at 708. Factors to be considered by the trial judge in setting an expert witness fee include the time spent testifying, time spent in preparatory work for trial, time spent away from regular duties while waiting to testify, the extent and nature of the work performed, and the knowledge, attainments and skill of the expert. Id. Additional considerations include helpfulness of the expert’s report and testimony to the trial court, the [643]*643amount in controversy, the complexity of the problem addressed by the expert, and awards to experts in similar cases. Id. Most importantly, expert witnesses are entitled only to reasonable compensation. Id. The amount agreed upon between an expert witness and the party calling him is not the criterion to be used by the court in assessing expert fees. Id.

In its first assignment of error, St. James contends that the trial court abused its 'discretion in awarding appellees any costs for expert witness fees. St. James notes that Judge Tureau, who presided over the trial and issued the | ^December 9, 2014, judgment awarding costs, testified that he did not address expert fees, but only court costs associated with the proceeding.

In their related second assignment of error, St. James argues that the trial court erred in ordering St. James to pay 100% of appellees’ expert witness fees (after 20% reduction) when the December 9, 2014, judgment only cast St. James with 66 2/3% of the court costs. St. James submits that the trial court cannot subsequently unilaterally amend the prior judgment to reallocate those percentages.

In opposition, appellees note that Judge Tureau testified that the December 9, 2014, judgment to allocate court costs did not address expert witness fees. Appel-lees assert, especially in light of Judge Tureau’s testimony, that the trial court was not bound by Judge Tureau’s allocation of court costs among the parties when he made the decision to allocate expert witness fees.

In the December 9, 2014, judgment, the trial court allocated 66 2/3% of the “costs of this proceeding” to St. James. The trial court’s written judgment is controlling, even if the trial judge may have intended otherwise. McGee v. Wilkinson, 03-1178 (La.App. 1 Cir.

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199 So. 3d 639, 2016 La.App. 1 Cir. 0170, 2016 La. App. LEXIS 1438, 2016 WL 4062871, Counsel Stack Legal Research, https://law.counselstack.com/opinion/st-james-behavioral-health-hospital-inc-v-gopalam-lactapp-2016.