VINCENT H. CONBOY, AND OTHER TAXPAYERS OF THE CITY OF NAPLES NOT NAMED BUT MADE PARTIES AS MEMBERS OF A CLASS, APPELLANTS,
v.
THE CITY OF NAPLES, A MUNICIPAL CORPORATION ORGANIZED AND EXISTING UNDER THE LAWS OF THE STATE OF FLORIDA; BERT L. PINKSTON, AS THE TAX ASSESSOR OF AND FOR THE CITY OF NAPLES, AND AS THE TAX COLLECTOR OF AND FOR THE CITY OF NAPLES; PORT ROYAL, INC., A FLORIDA CORPORATION; AND FRED O. DICKINSON, JR., AS COMPTROLLER OF THE STATE OF FLORIDA, APPELLEES
VINCENT H. CONBOY, AND OTHER TAXPAYERS OF THE CITY OF NAPLES NOT NAMED BUT MADE PARTIES AS MEMBERS OF A CLASS, APPELLANTS,
THE CITY OF NAPLES, A MUNICIPAL CORPORATION ORGANIZED AND EXISTING UNDER THE LAWS OF THE STATE OF FLORIDA; BERT L. PINKSTON, AS THE TAX ASSESSOR OF AND FOR THE CITY OF NAPLES, AND AS THE TAX COLLECTOR OF AND FOR THE CITY OF NAPLES; PORT ROYAL, INC., A FLORIDA CORPORATION; AND FRED O. DICKINSON, JR., AS COMPTROLLER OF THE STATE OF FLORIDA, APPELLEES
230 So. 2d 476
Florida District Court of Appeal, Second District (1970)
Caution
Cited by 13 cases
Opinion of the Court
The opinion of the trial court is affirmed. In regard to the cost judgment, costs are taxable to the appellant at the discretion of the trial judge. See 8 Fla.Jur., Cost § 8, p. 9.
Section 90.231(2), Florida Statutes, 1967, F.S.A., states that:
“Any expert or skilled witness who shall have testified in any cause shall be allowed a witness fee including the cost of any exhibits used by such witness in the amount of ten dollars per hour or such amount as the trial judge may deem reasonable, and the same shall be taxed as costs.”
It does not state that the cost of time for preparation of the expert witness’s opinion is not includable in the costs.
Affirmed.
LILES, Acting C. J., and PIERCE and MANN, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
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Laverine Thursby and Wynell Thursby v. Reynolds Metals Co., 466 So. 2d 245 (Fla. 1st DCA 1984)…he type of testimony given by each witness, to determine these expert witness fees where the amounts involved were not of such magnitude as to indicate grossly excessive charges. Section 92.-231(2), Florida Statutes (1983); Conboy v. City of Naples, 230 So. 2d 476 (Fla. 2d DCA 1970), cert, den., 400 U.S. 825, 91 S.Ct. 48, 27 L.Ed.2d 53 (1970). Appellant has shown no abuse of the trial court’s broad discretion to tax costs. Muckenfuss v. Miller, 421 So. 2d 170, 174 (Fla. 5th DCA 1982); Durrance v. Sanders, 329…
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Durrance v. Dorsey A. Sanders, Jr., 329 So. 2d 26 (Fla. 1st DCA 1976)…ellees’ point relating to the failure of the trial court to tax Dr. Gilcreas’ expert witness fee as costs, we find that the trial court acted correctly. In taxing costs, a trial court has wide discretion. (Conboy v. City of Naples, Fla.App. 2d 1970, 230 So. 2d 476, cert. den. 400 U.S. 825, 91 S.Ct. 48, 27 L.Ed.2d 53 (1970) ) Under the circumstances of the instant case, the trial court did not abuse that discretion. Reversed and remanded for a new trial. MILLS, J., and SACK, MARTIN, Associate Judge, concur.…
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AETNA Cas. & Sur. Co. v. Fla. Power & Light Co., 367 So. 2d 1104 (Fla. 3d DCA 1979)…o Florida Power & Light to compensate its expert witness in that Section 90.231(2), Florida Statutes (1977) provides that costs may be taxed for expert witness fees and for the cost of preparing exhibits by the witness. See Conboy v. City of Naples, 230 So. 2d 476 (Fla. 2d DCA 1970). In addition, we note that defendant insurors made no objection to the introduction of the invoices of Florida Power & Light’s expert witness. We also considered the remaining points on appeal and find no reversible error has bee…
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