RICKEY WILLIAM HARRISON, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
RICKEY WILLIAM HARRISON, APPELLANT,
STATE OF FLORIDA, APPELLEE
519 So. 2d 72
Florida District Court of Appeal, Fifth District (1988)
Positive Treatment
Cited by 2 cases
Opinion of the Court
COBB, Judge.
The trial court ordered Harrison’s counsel to personally pay an expert witness fee. The state concedes that there is no authority allowing a trial court to order defense counsel to personally pay costs in a criminal case, other than as a sanction, and we can find no contractual or statutory basis for such an order. See Israel v. Lee, 470 So. 2d 861 (Fla. 2d DCA 1985) (an attorney cannot be held personally liable for costs of opposing party in the absence of authorization by a contract or by a statute). Since the order here was not imposed as a sanction, it is quashed, and this case is remanded.
QUASHED and REMANDED.
ORFINGER J., and UPCHURCH, FRANK D., Jr., J., Retired, concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Mariano Sole v. Kneale, 629 So. 2d 999 (Fla. 3d DCA 1993)…bstantive basis for holding the attorney of record personally liable for costs in the absence of authorization by a contract or statute, Israel v. Lee, 470 So. 2d 861 (Fla. 2d DCA 1985), or other than as a sanction for wrongdoing. Harrison v. State, 519 So. 2d 72 (Fla. 5th DCA 1988). See 7A [*1000] C.J.S. Attorney & Client, § 138 (1980) (In the absence of misconduct or of a statute or rule of court providing otherwise, an attorney is not liable for the costs of suit unless he has agreed to become liable). Be…
Authorities Cited
- Israel v. Dayle T. LEE, 470 So. 2d 861 (Fla. 2d DCA 1985)