DIANE BRIGANTI, APPELLANT/CROSS-APPELLEE,
v.
TOWNHOUSES OF VENETIAN PARK HOMEOWNERS ASSOCIATION, INC., APPELLEE/CROSS-APPELLANT
Explore caselaw by topic → Browse Expert Witness Fees cases and more on FLexlaw
PER CURIAM.
Appellant/cross-appellee, Diane Brigan-ti, appeals from an amended final judgment and an order for fees and costs. Appellee/cross-appellant, Townhouses of Venetian Park Homeowners Association, Inc. (the Association), filed a cross-appeal based upon the same judgment and order. We affirm on all issues raised on appeal and cross-appeal except for the trial court’s award of an expert witness fee to the Association’s expert.
This court, while addressing expert witness fees under section 92.231 of the Florida Statues, has previously stated that “the party calling the witness is entitled to have an expert witness fee taxed if costs are awarded to that party.” Murphy v. Tallardy, 422 So. 2d 1098, 1099 (Fla. 4th DCA 1982). The trial court determined that Briganti was the prevailing party below and there is no indication in the record that the court awarded costs to the Association. Therefore, we reverse the portion of the trial court’s order for fees and costs awarding an expert witness fee to the Association’s expert and remand for further proceedings consistent with this opinion.
Affirmed in part, reversed in part and remanded for further proceedings.
POLEN, FARMER and HAZOURI, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Young v. Hector, 851 So. 2d 762 (Fla. 3d DCA 2003)…hout either a basis in the pleadings or the evidence, the order freezing the trust account proceeds is quashed. See Young v. Young, 816 So. 2d 799 (Fla. 3d DCA 2002); City of Miami Beach v. Swedroe, 788 So. 2d 404 (Fla. 3d DCA 2001); Resil v. Resil, 755 So. 2d 186 (Fla. 3d DCA 2000). We further note that the trial court would not allow the petitioner, who was neither disrespectful nor disruptive, to speak to his attorney. The court stated: “No, you may not speak to your attorney in this hearing. You may giv…
Authorities Cited
- Murphy v. Tallardy, 422 So. 2d 1098 (Fla. 4th DCA 1982)