ALVIN E. TOBIN, M. A., P. A., ETC., ET AL., APPELLANTS,
v.
LAWRENCE LEFKOWITZ, M. D., APPELLEE
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Trial court properly awarded expert witness fees but erred in awarding attorney's fees absent statutory or contractual basis; judgment affirmed as modified with attorney's fees stricken.
A trial court may award expert witness fees to a prevailing party absent abuse of discretion, but cannot award attorney's fees as costs without statutory or contractual authorization, even if the complaint initially sought an accounting.
[1] Attorney's fees cannot be recovered as costs absent statutory or contractual authorization, even when a complaint initially seeks an accounting if that count is abandoned…
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Join FLexlaw to unlock all legal intelligenceAppellants-defendants were sued by appellee in a case that initially included a count seeking a formal accounting but was tried to a jury as an ordina…
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SCHWARTZ, Judge.
No abuse of discretion has been demonstrated in the trial court’s determina tion of the amount of expert witness fees for the plaintiff’s accountants who testified at the trial. Keith Investments, Inc. v. James, 220 So. 2d 695 (Fla.4th DCA 1969); State Road Department v. Outlaw, 148 So. 2d 741 (Fla.1st DCA 1963). That portion' of the cost judgment appealed from is therefore affirmed.
The trial court erred, however, in taxing a sum for the plaintiff’s attorney’s fee as costs against the appellants-defend-' ants, since there is no statutory or contractual basis for such an award. E. g., Adler, v. Adler, 365 So. 2d 411 (Fla.3d DCA, 1978). An exception to the rule which ordinarily precludes the recovery of attorney’s fees exists when as in Cooper v. Fulton, 158 So. 2d 759 (Fla.3d DCA 1963) cert. disch. 165 So. 2d 161 (Fla.1964), one partner secures an accounting from another. However, that exception does not apply in this case be-, cause, while one count of the complaint sought a formal accounting, that count was in effect abandoned, and the case was tried' to a jury as an ordinary damage suit. See Tucker v. Ayres, 336 So. 2d 1224 (Fla.lst DCA 1976); Coffman v. Jordan, 305 So. 2d 227 (Fla.4th DCA 1974).
The $5,000.00 award of attorney’s fees is therefore stricken from the judgment under review which is otherwise affirmed.
Affirmed as modified.
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Lipsig v. Zahid A. Ramlawi, 760 So. 2d 170 (Fla. 3d DCA 2000)…d Richey standard); Hiestand v. Geier, 396 So. 2d 744, 749 (Fla. 3d DCA 1981) (trial court may award attorney’s fees, absent contractual or statutory, basis, where partner brings an action for accounting or business dissolution); Tobin v. Lefkowitz, 367 So. 2d 682, 683 (Fla. 3d DCA 1979) (attorney’s fees are awardable where “one [*191] partner secures an accounting from another.”). Moreover, as the Supreme Court of Florida stated many years ago: [a]s a rule the costs of a suit for a partnership accounting,…
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Harland Morrison Adams v. Adams, 376 So. 2d 1204 (Fla. 3d DCA 1979)…la.1978); Bucci v. Bucci, 350 So. 2d 786 (Fla.3d DCA 1977); Pfohl v. Pfohl, 345 So. 2d 371, 379 (Fla.3d DCA 1977); Jassy v. Jassy, 347 So. 2d 478, 482 (Fla.2d DCA 1977). Finally, no error has been shown in the award of costs. See Tobin v. Lefkowitz, 367 So. 2d 682 (Fla.3d DCA 1979). Affirmed. . There was evidence that Mr. Adams, who is the grandson of Colonel Harland Sanders, had evaluated his Kentucky Fried Chicken stock, which was really worth over $8,000,000, at $290,000; and had represented that his tot…
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Hiestand v. Geier, 396 So. 2d 744 (Fla. 3d DCA 1981)…not fall within exceptions permitting attorneys’ fees .in situations in which a joint venturer may recover in an action for accounting or business dissolution, A. J. Richey Corp. v. Garvey, 132 Fla. 602, 182 So. 216 (Fla.1938); Tobin v. Lef-kowitz, 367 So. 2d 682 (Fla.3d DCA 1979); Cooper v. Fulton, 158 So. 2d 759 (Fla.3d DCA 1963), we reverse the award. Affirmed in part, reversed in part. . The appeals from both orders have been consolidated. . As corrected by Order Correcting Final Judgment.…
Previewing 3 of 6 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Keith Invs., Inc. v. James, 220 So. 2d 695 (Fla. 4th DCA 1969)
- Cooper v. Fulton, 158 So. 2d 759 (Fla. 3d DCA 1963)
- State Rd. Dep't of Fla. v. Outlaw, 148 So. 2d 741 (Fla. 1st DCA 1963)
- Fulton v. Cooper, 165 So. 2d 161 (Fla. 1964)
- Adler v. Etta Mae Adler and Joan Berk, 365 So. 2d 411 (Fla. 3d DCA 1978)
- Tucker v. Ayres, 336 So. 2d 1224 (Fla. 1st DCA 1976)
- Coffman v. Jordan, 305 So. 2d 227 (Fla. 4th DCA 1974)