PAUL N. HOWARD COMPANY, APPELLANT,
v.
CAMP, DRESSER, & MCKEE, INC., ET AL., APPELLEE
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
Paul N. Howard Company appealed a trial court's order denying certain costs sought after litigation spanning multiple decades, two jury trials, and numerous appeals. The appellate court partially affirmed and partially reversed, finding the trial court applied incorrect standards in denying costs for the 2001 trial and certain expert witnesses and surveying costs.
The court reversed the denial of costs for the 2001 trial, reversed the denial of costs for expert witnesses Zoilo and Wolford, and remanded for reconsideration of Land Tech Surveying & Mapping costs. The test for taxing expert witness costs is whether the expert's deposition or testimony was reasonably necessary to defend or prosecute the case, not whether they actually testified.
[1] Costs incurred in a prior trial are recoverable even if the result of that trial was deemed irrelevant to the final outcome of the case.
[2] The necessity of expert witness fees for taxation as costs is determined by whether the expert's deposition or testimony was reasonably necessary to prosecute or defend t…
Previewing 2 of 4 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“it is immaterial whether the men actually testified — the test is whether the expert's deposition or testimony was 'reasonably necessary either to defend or prosecute the case at the time the action precipitating the cost was undertaken.'”
Establishes the correct standard for taxing expert witness costs under the Uniform Guidelines
Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceHoward sought to recover costs incurred in association with a 2001 trial and expenses for documents, experts, and witnesses in a 2008 trial. The trial…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Discovery Depositions cases and more on FLexlaw
Paul N. Howard Company (Howard) timely appeals the Order rendered on its Motion to Tax Costs, which Order awarded some, but not all of the costs Howard sought to recoup in a case that, in various forms, has spanned several decades and encompassed two jury trials and numerous appeals. Howard argues that the trial court erred by failing to tax the costs it incurred in association with the 2001 trial and by denying it recovery for certain expenses associated with documents, experts, and witnesses. We affirm in part, reverse in part, and remand for further proceedings.1
After all the trial proceedings were concluded, Howard filed its Motion to Tax Costs and Attorney’s Fees. As to the costs associated with the 2001 trial, the trial court denied costs based on its conclusion that the result of that trial was irrelevant. We disagree, reverse that part of the Order denying costs for the 2001 trial, and remand this case to the trial court to award appropriate costs for that proceeding.
Howard also argues that the trial court erred in disallowing costs associated with two expert witnesses, Mr. Zoilo and Mr. Wolford, in the 2008 trial simply because CDM represented at the hearing that neither man had testified. Howard points out that under the Uniform Guidelines for Taxation of Costs, it is immaterial whether the men actually testified — the test is whether the expert’s deposition or testimony was “reasonably necessary either to defend or prosecute the case at the time the action precipitating the cost was undertaken.” In re Amendments to Uniform Guidelines for Taxation of Costs, 915 So.2d 612, 616; see also Otis Elevator Co. v. Bryan, 489 So.2d 1189, 1190 (Fla. 1st DCA 1986) (“The rule in Florida is to disallow taxation of costs for discovery depositions taken in preparation for trial. But where such depositions serve a ‘useful purpose’ at trial, they are taxable as costs.” (citation omitted)); Crane v. Stulz, 136 So.2d 238, 242 (Fla. 2d DCA 1962). Because the trial court used an incorrect standard by which to determine an award of costs as to Mr. Zoilo and Mr. Wolford, we reverse that part of the Order denying costs for these two expert witnesses and remand to the trial court to make an appropriate award of costs for those two witnesses. We also remand for reconsideration of the cost related to Land Tech *254Surveying & Mapping. As with the expert witness costs, an incorrect standard was applied in denying this cost, necessitating remand for a determination under the Uniform Guidelines’ standard of reasonable necessity. We otherwise affirm the remainder of the Order.
AFFIRMED in part, REVERSED in part, and REMANDED.
GRIFFIN and COHEN, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
The Est. of Elfriede Z. Sweeney v. Washington (Fla. 2d DCA 2021)
-
State Farm Mut. Auto. Ins. Co. v. Washington (Fla. 2d DCA 2021)
Authorities Cited
- In re Amendments to Uniform Guidelines for Taxation of Costs, 915 So. 2d 612 (Fla. 2005)
- Crane v. Stulz, 136 So. 2d 238 (Fla. 2d DCA 1961)
- Otis Elevator Co. v. Bryan, 489 So. 2d 1189 (Fla. 1st DCA 1986)