Opinion
No. 89-1162.
November 13, 1990. Rehearing Denied February 12, 1991.
A Cross-Appeal from the Circuit Court for Dade County; Richard S. Fuller, Judge.
Rodger J. Bakerman and Robert Bakerman, Miami, Kenneth S. Sandler, Hollywood, for cross-appellant.
Cohen, Berke, Bernstein, Brodie Kondell and Jeffrey Michael Cohen, Miami, for cross-appellee.
Before NESBITT, FERGUSON and COPE, JJ.
After review of the record and the arguments made by counsel below, we find no abuse of discretion in the trial court's award of expert witness fees and other costs against cross-appellant Great Horizons Development, Inc. See generally Bystrom v. Florida Rock Industries, Inc., 513 So.2d 742, 743 (Fla. 3d DCA 1987) ("trial judge has discretion to determine reasonable expert witness fees and tax these fees as costs."); Tuerk v. Allstate Ins. Co., 498 So.2d 504, 505 (Fla. 3d DCA 1986) ("trial court has the authority to exercise its discretion in deciding whether to award expert witness fees. . . ."), review denied, 506 So.2d 1040 (Fla. 1987), disapproved on other grounds, Miami Children's Hospital v. Tamayo, 529 So.2d 667 (Fla. 1988). To the extent that new arguments have been advanced on appeal, we are unable to consider them.
The original appeal was filed by Ramco Development Corporation, Minkin's codefendant. Great Horizons cross-appealed on the issue of costs. Ramco voluntarily dismissed its appeal, leaving only the cross-appeal.
Affirmed.