UNITED AUTOMOBILE INSURANCE COMPANY
v.
PATH MEDICAL, LLC, A/A/O CESAR SILVA

Fla. 3d DCA | 2023-04-19
No. 22-0258
Florida District Court of Appeal, Third District (2023)

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Holding

Trial courts have discretion to determine reasonable expert witness fees and tax those fees as costs under Florida law.


Headnotes

[1] Under Florida law, trial courts have discretion to determine reasonable expert witness fees and tax those fees as costs, and appellate courts review such awards only for…

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Key Quotes

“a trial judge has discretion to determine reasonable expert witness fees and tax these fees as costs”

Bystrom v. Florida Rock Industries, Inc., 513 So. 2d 742, 743 (Fla. 3d DCA 1987)

Facts & Procedural History

United Automobile Insurance Company appealed from a county court decision in Miami-Dade County involving a dispute with Path Medical, LLC regarding ex…

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Opinion of the Court

PER CURIAM.

Affirmed. See Travieso v. Travieso, 474 So. 2d 1184, 1186 (Fla. 1985) (“We hold that pursuant to section 92.231, expert witness fees, at the discretion of the trial court, may be taxed as costs for a lawyer who testifies as an expert as to reasonable attorney's fees”); United Auto. Ins. Co. v. Feijoo, 356 So. 3d 304 (Fla. 3d DCA 2023); Bystrom v. Florida Rock Ind., Inc., 513 So. 2d 742, 743 (Fla. 3d DCA 1987) (reaffirming that “a trial judge has discretion to determine reasonable expert witness fees and tax these fees as costs”). See also Albanese Popkin Hughes Cove, Inc. v. Scharlin, 141 So. 3d 743, 745 (Fla. 3d DCA 2014) (“A trial court's award of costs is reviewed by appellate courts for an abuse of discretion.”)


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