FRANKLIN B. BYSTROM, DADE COUNTY PROPERTY APPRAISER, AND STEPHEN L. SMITH, DADE COUNTY TAX COLLECTOR, APPELLANTS,
v.
FLORIDA ROCK INDUSTRIES, INC., APPELLEE
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The Dade County Property Appraiser and Tax Collector appealed a trial court order setting an expert witness fee at $250, contending it was unreasonably low. The court agreed, holding that the fee failed to account for preparation time despite the appraiser's substantial work and high-quality testimony, and remanded for an evidentiary hearing on reasonable compensation.
The trial court abused its discretion by setting an unreasonably low expert witness fee that failed to account for substantial preparation time. A fee of $250 is unreasonable given the appraiser's 62.5 hours of work, the exhibit costs, and the trial court's own finding that the testimony was 'extremely believable' and accepted verbatim.
[1] A trial court has discretion to determine reasonable expert witness fees and tax these fees as costs.
[2] The cost of time for preparation of an expert witness's opinions and testimony may be included in taxed costs.
Previewing 2 of 4 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“In addition to the cost of any exhibits used, the cost of time for preparation of an expert witness's opinions and testimony may be included in the taxed costs.”
Establishes that preparation time costs, not just exhibits, are allowable components of taxed expert witness fees under Florida law.
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Join FLexlaw to unlock all legal intelligenceIn an underlying tax assessment dispute, Florida Rock Industries challenged Dade County's assessment of undeveloped land. The county's expert appraise…
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HENDRY, Judge.
The Property Appraiser and Tax Collector of Dade County appeal an order entered by the trial court, without hearing testimony, which set an expert witness’s fee at $250.00. Appellants contend the trial court abused its discretion by setting an unreasonably low fee which failed to take into account the cost of time for the preparation of the expert witness’s testimony. We agree.
In the underlying case, Florida Rock Industries, Inc. challenged Dade County’s tax assessment of underdeveloped land Florida Rock owned. The trial court, adopting verbatim the opinions and testimony of an appraiser introduced by the county as their expert witness, upheld the tax assessment, which we affirmed. Florida Rock Industries, Inc. v. Bystrom, 485 So. 2d 442 (Fla. 3d DCA), review denied, 492 So. 2d 1332 (Fla.1986). Appellants then filed a motion to tax the costs incurred in defending this action against Florida Rock. This motion included an expert witness fee of $5,071.22 due the appraiser for 62.5 hours of preparation time and actual testimony. The trial court, without hearing testimony concerning the expert witness fee, set the fee at $250.00.
Under section 92.231(2), Florida Statutes (1985), a trial judge has discretion to determine reasonable expert witness fees and tax these fees as costs. In addition to the cost of any exhibits used, the cost of time for preparation of an expert witness’s opinions and testimony may be included in the taxed costs. Thursby v. Reynolds Metals Co., 466 So. 2d 245 (Fla. 1st DCA), review denied, 476 So. 2d 676 (Fla.1985); Conboy v. City of Naples, 230 So. 2d 476 (Fla. 2d DCA), cert. denied, 237 So. 2d 537 (Fla.), cert. denied, 400 U.S. 825, 91 S.Ct. 48, 27 L.Ed.2d 53 (1970).
In the instant case, the appraiser provided as an exhibit a location map which cost slightly over $150.00. Moreover, the appraiser spent a substantial number of hours examining and investigating the assessment and preparing his testimony. In the final judgment, the trial judge states that “[the appraiser’s] testimony was extremely believable and the Court accepts his testimony and opinions verbatim.” Consequently, a fee award of $250.00 is unreasonable in light of the time expended and the quality of the testimony and exhibit provided by the county’s expert witness. Appellants were justified in objecting to such a low fee award. They are entitled to an evidentiary hearing to determine a reasonable expert witness fee award. Posner v. Flink, 393 So. 2d 1140 (Fla. 3d DCA), review denied, 402 So. 2d 612 (Fla.1981). Accordingly, the order appealed from is reversed and the cause remanded for further proceedings.
Reversed and remanded.
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Great Horizons Dev., Inc. v. Minkin, 572 So. 2d 926 (Fla. 3d DCA 1990)…guments made by counsel below, we find no abuse of discretion in the trial court’s award of expert witness fees and other [*927] costs against cross-appellant Great Horizons Development, Inc.* See generally Bystrom v. Florida Rock Industries, Inc., 513 So. 2d 742, 743 (Fla. 3d DCA 1987) (“trial judge has discretion to determine reasonable expert witness fees and tax these fees as costs.”); Tuerk v. Allstate Ins. Co., 498 So. 2d 504, 505 (Fla. 3d DCA 1986) (“trial court has the authority to exercise its discr…
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Payne v. Spier, 562 So. 2d 440 (Fla. 4th DCA 1990)…e, 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.…
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Mard v. Ronda C. Weinstock and Michael Lawrence Weinstock, 698 So. 2d 645 (Fla. 5th DCA 1997)…necessity and reasonableness of the expert’s fee. Powell v. Barnes, 629 So. 2d 185 (Fla. 5th DCA 1993). The court did properly consider the usefulness of Mard’s reports in light of our holding in Young. See Bystrom v. Florida Rock Industries, Inc., 513 So. 2d 742 (Fla. 3d DCA 1987) (quality of expert’s testimony is proper factor for court’s consideration in determining reasonable fee). Nonetheless, the court based its determination in part on incompetent testimony that Mard’s fee was “exorbitant” and higher…
Previewing 3 of 8 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Conboy v. City of Naples, 400 U.S. 825 (U.S. 1970)
- Laverine Thursby and Wynell Thursby v. Reynolds Metals Co., 466 So. 2d 245 (Fla. 1st DCA 1984)
- Rodriguez v. State, 393 So. 2d 1140 (Fla. 3d DCA 1981)
- Conboy v. The City OF Naples, 230 So. 2d 476 (Fla. 2d DCA 1970)
- Posner v. Flink, 393 So. 2d 1140 (Fla. 3d DCA 1981)
- Fla. Rock Indus., Inc. v. Bystrom, 485 So. 2d 442 (Fla. 3d DCA 1986)
- Alphonso Bowen v. State, 237 So. 2d 537 (Fla. 1970)
- Conboy v. City of Naples, 237 So. 2d 537 (Fla. 1970)