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Conboy v. City of Naples

District Court of Appeal of Florida, Second District
Jan 14, 1970
230 So. 2d 476 (Fla. Dist. Ct. App. 1970)

Opinion

No. 69-170.

January 14, 1970.

Appeal from the Circuit Court, Collier County, Archie Odom, J.

Robert M. Brake, Coral Gables, for appellants.

David C. Spingler, Naples, for appellees, The City of Naples and Bert L. Pinkston.

Darrey A. Davis of Scott, McCarthy, Steel, Hector Davis, Miami, for appellee, Port Royal, Inc.


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.


Summaries of

Conboy v. City of Naples

District Court of Appeal of Florida, Second District
Jan 14, 1970
230 So. 2d 476 (Fla. Dist. Ct. App. 1970)
Case details for

Conboy v. City of Naples

Case Details

Full title:VINCENT H. CONBOY, AND OTHER TAXPAYERS OF THE CITY OF NAPLES NOT NAMED BUT…

Court:District Court of Appeal of Florida, Second District

Date published: Jan 14, 1970

Citations

230 So. 2d 476 (Fla. Dist. Ct. App. 1970)

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