EDWARD STRAUS, AS PERSONAL REPRESENTATIVE OF THE ESTATE OF ELIZABETH S. ADLER, DECEASED, AND WILLIAM S. ADLER, DECEASED; AND BAXTER AND RINARD, P.A., APPELLANTS,
v.
MORTON F. PLANT HOSPITAL FOUNDATION, INC., RAVENSWOOD HOSPITAL MEDICAL CENTER, APPELLEES
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Expert witness fees for attorneys testifying as experts on reasonable attorney's fees may be taxed as costs, at the trial court's discretion, particularly when the testimony is burdensome.
The trial court denied taxing fees for attorneys who testified as experts regarding compensation for a personal representative and his attorneys. The …
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CAMPBELL, Judge.
This is an appeal from the trial court’s refusal to tax, as costs, fees for attorneys who testified as experts in the proceedings below. Those proceedings were for the purpose of determining compensation for the personal representative and his attorneys. The trial court relied on this court’s decision in B & L Motors, Inc. v. Bignotti, 427 So. 2d 1070 (Fla. 2d DCA 1983), in denying the assessment of the expert attorney’s fees as costs. The supreme court has subsequently decided Travieso v. Travieso, 474 So. 2d 1184 (Fla.1985), in which it disapproved Bignotti.
We therefore reverse and remand this cause to the trial court for reconsideration in light of Travieso. In doing so, we consider it only fair that we inform the trial judge that we construe the Travieso holding 1 to make the award of such expert fees discretionary only where the testifying attorney expert does not expect to be compensated for that testimony.
GRIMES, A.C.J., and FRANK, J., concur. . "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. We do not hold that such expert witness fees must be awarded in all cases. Generally, lawyers are willing to testify gratuitously for other lawyers on the issue of reasonable attorney’s fees. This traditionally has been a matter of professional courtesy. An attorney is an officer of the court and should be willing to give the expert testimony necessary to ensure that the trial court has the requisite competent evidence to determine reasonable fees. Only in the exceptional case where the time required for preparation and testifying is burdensome, should the attorney expect compensation.” Tra-vieso, 474 So. 2d at 1186.
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B & H Constr. & Supply Co., Inc. v. The Dist. Bd. OF Trs. OF Tallahassee Cmty. Coll., 542 So. 2d 382 (Fla. 1st DCA 1989)…appeal is that the trial court should have awarded the fees of TCC’s expert Dunlap who testified as to the amount of a reasonable attorney’s fee, citing Travieso v. Travieso, 474 So. 2d 1184 (Fla.1985), Straus v. Morton F. Plant Hosp. Found., Inc., 478 So. 2d 472 (Fla. 2d DCA 1985), and section 92.321. B & H responds that pursuant to section 92.231, the trial court did not abuse discretion. Travieso, 474 So. 2d at 1186; Tuerk v. Allstate Ins., 498 So. 2d 504 (Fla. 3d DCA 1986), rev. den., 506 So. 2d 1040 (Fl…
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Stokus v. Phillips, 651 So. 2d 1244 (Fla. 2d DCA 1995)…See Travieso v. Travieso, 474 So. 2d 1184 (Fla.1985). We view Travieso to mean that an award of such fees is not discretionary if the testifying attorney expects to be compensated for his testimony. Straus v. Morton F. Plant Hosp. Foundation, Inc., 478 So. 2d 472 (Fla. 2d DCA 1985). Accordingly, we reverse and remand this matter for further consideration consistent with this opinion. DANAHY and LAZZARA, JJ., concur. . The trial court found Phillips indebted to the estate for the amount of $20,996.40. We a…
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Martin v. Dep't OF Transp., 716 So. 2d 769 (Fla. 1998)…th DCA 1997), in order to resolve what appeared to be express and direct conflict with Travieso v. Travieso, 474 So. 2d 1184 (Fla.1985), Stokus v. Phillips, 651 So. 2d 1244 (Fla. 2d DCA 1995), and Straus v. Morton F. Plant Hospital Foundation, Inc., 478 So. 2d 472 (Fla. 2d DCA 1985). See Art. V, § 3(b)(3), Fla. Const. However, upon closer examination, we find no conflict and that review was improvidently granted. Accordingly, we dismiss the petition. It is so ordered. HARDING, C.J., and OVERTON, SHAW, KOG…
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- Travieso v. Travieso, 474 So. 2d 1184 (Fla. 1985)
- B & L Motors, Inc. v. Bignotti, 427 So. 2d 1070 (Fla. 2d DCA 1983)