Payne v. Spier

Full title: JIMMY ALLEN PAYNE, APPELLANT, v. RUTH B. SPIER, APPELLEE

Court: District Court of Appeal of Florida, Fourth District

Date published: Jun 20, 1990

562 So. 2d 440 (Fla. Dist. Ct. App. 1990)

Opinion

No. 89-1420.

June 20, 1990.

Appeal from the Circuit Court, Broward County, Harry G. Hinckley, J.

Jane Kreusler-Walsh of Klein Walsh, P.A., and Betty J. King of Lytal Reiter, West Palm Beach, for appellant.

Thomas G. Guzda of Jones and Kaifert, Fort Lauderdale, for appellee.

SALMON, MICHAEL H., Associate Judge.

After a favorable jury verdict and resulting judgment, the plaintiff moved to tax costs, including a requested award to reimburse for expert testimony for a rehabilitation expert and an economist. Dissatisfied with the award, the appellant filed this appeal. We reverse.

The trial judge announced that he would only award an amount for each expert which represented a reasonable fee for trial time, and declined to consider an award for research and preparation which might have been necessary to give their opinions at trial. In failing to consider these factors, the trial judge abused his discretion. Bystrom v. Florida Rock Industries, Inc., 513 So.2d 742 (Fla. 3d DCA 1987).

Reversed and remanded to reconsider the appellant's motion to tax costs.

GLICKSTEIN and DELL, JJ., concur.