LENA THELLMAN AND CARL THELLMAN, HER HUSBAND, APPELLANTS,
v.
TROPICAL ACRES STEAKHOUSE, INC., A FLORIDA CORPORATION, D/B/A TROPICAL ACRES STEAKHOUSE, APPELLEE
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PER CURIAM.
Upon consideration of appellee’s motion for clarification, we grant the motion, withdraw our prior opinion in this case, and substitute the following opinion.
Affirmed except as to that portion of the cost judgment awarding expert witness fees which we reverse. It is not appropriate to tax as costs the fees of witnesses who are neither qualified as experts by the court nor testify at trial. KMS of Florida Corp. v. Magna Properties, Inc., 464 So. 2d 234 (Fla. 5th DCA 1985). It is similarly inappropriate to tax as costs fees of expert witnesses for telephone conferences with counsel. See § 92.231, Fla.Stat. (1988); James P. Driscoll, Inc., v. Gould, 521 So. 2d 301 (Fla.3d DCA 1988); and In re: Statewide Uniform Guidelines for Taxation of Costs in Civil Actions, Fla.Rules of Court (1989).
HERSEY, C.J., and LETTS and WARNER, JJ., concur.
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Moakley v. Smallwood, 826 So. 2d 221 (Fla. 2002)…llwood was offered as an expert or permitted by the court to qualify and testify as such, as required by section 92.231. See Lee County v. Galaxy Fireworks, Inc., 698 So. 2d 1371, 1372 (Fla. 2d DCA 1997); Thellman v. Tropical Acres Steakhouse, Inc., 557 So. 2d 683, 684 (Fla. 4th DCA 1990). Thus, the award cannot be upheld on that basis. Smallwood also argues that the amount awarded to her is proper under section 92.151, Florida Statutes (1997), as witness compensation. Although section 92.151 does provide th…
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Centex-Rooney Constr. Co., Inc. v. Martin Cnty., 725 So. 2d 1255 (Fla. 4th DCA 1999)…e reverse that portion of the award which includes in-person and telephone conferences with H & K’s trial team, as the costs for the expert’s conferences with attorneys prior to trial are not taxable. See Thellman v. Tropical Acres Steakhouse, Inc., 557 So. 2d 683, 684 (Fla. 4th DCA 1990); James P. Driscoll, Inc. v. Gould, 521 So. 2d 301, 302 (Fla. 3d DCA 1988); Statewide Uniform Guidelines for the Taxation of Costs in Civil Actions (hereinafter Uniform Guidelines), cost item 2B. Similarly, Nelson’s numerous…
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ST. Lucie Cnty. v. Fed. Constr. Co., 584 So. 2d 122 (Fla. 4th DCA 1991)…it attempted to resolve the tile problem. We also agree with appellant that the trial court acted contrary to prevailing case law in assessing costs for an expert witness who never appeared at trial. See Thellman v. Tropical Acres Steakhouse, Inc., 557 So. 2d 683 (Fla. 4th DCA 1990). Accordingly, we reverse and remand with directions for further proceedings in accord herewith. GLICKSTEIN, C.J., and WALDEN, JAMES H., Senior Judge, concur. ANSTEAD, J., concurs in part and dissents in part with opinion.…
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- James P. Driscoll, Inc. v. Gould, 521 So. 2d 301 (Fla. 3d DCA 1988)
- KMS OF Fla. Corp. v. Magna Props., Inc., 464 So. 2d 234 (Fla. 5th DCA 1985)