Florida/Georgia Personal Injury & Workers Compensation

...Smallwood also argues that the amount awarded to her is proper under section 92.151, Florida Statutes (1997), as witness compensation. Although section 92.151 does provide that "[c]ompensation shall be paid to the witness by the party in whose behalf the witness is summoned," section 92.142, Florida Statutes (1997), which provides that witnesses shall receive $5 per each day of actual attendance and six cents for actual distance traveled to and from the court, does not provide authority for the $1125 awarded to Smallwood....

...award was $2,467,142.39. In making the award, the trial court found that the majority of Antaramian's witnesses were fact witnesses and that Antaramian had improperly paid them as if they were expert witnesses, which was prohibited by section 92.142(1), Florida Statutes (2013)....

...Fact Witnesses for Assistance with Case and Discovery Preparation and Possible Inclusion of Antaramian's Office Overhead Expenses TPI argues that payment to the fact witnesses of more than $5 per day violates section 92.142(1) and constitutes sanctionable conduct....

...Below, the trial court agreed that attorneys who testify at trial as fact witnesses are not entitled to the same hourly fee as an expert witness and, instead, that they are entitled only to $5 per day, the amount of witness compensation provided for in section 92.142....

...The trial court awarded $317,873.64 "with . . . respect [to] fees, costs[,] and expenses for which Antaramian is indebted or has paid as testified to by Robert Frazitta and as introduced at the evidentiary hearing." We agree with the trial court's analysis of section 92.142 as well as the trial court's conclusion that Antaramian was entitled to recover (as costs) the fees paid to witnesses for their assistance with case and discovery preparation....

...the payments constituted any sort of bonus or that they were contingent on any type of recovery made by Antaramian. The trial court's recognition of the limitation on payments to witnesses for their attendance and testimony at trial as set forth in section 92.142 indicates that the 3We conclude that both the applicable and the newly amended versions of the rule permit payments for a witness's time spent in preparation for trial....

...ayments. See § 29.005(3), Fla. Stat. (2010) (the expenses of state attorneys’ offices to be provided from state revenues include “[witnesses ... summoned to appear for ... trial in a case when the witnesses are summoned by a state attorney”); § 92.142(1), Fla....

...It is doubtful that the expert witness fee could be taxed as a cost where the witness did not testify at trial and his deposition was not used at a trial. See Family Dollar Stores of Fla., Inc. v. Jones, 867 So.2d 1278 (Fla. 4th DCA 2004). Colaizzo does not seek recovery under section 92.142, Florida Statutes (2008), a statute that would entitle him to $5 per day and 6 cents per mile....

...We therefore reverse and remand the case to the circuit court to hold a hearing under Rule 1.390(c). CIKLIN and LEVINE, JJ., concur. . Because it was not raised below, we do not reach the issue of whether this executive director of a child protection team was at all times an "employee of the state” within the meaning of § 92.142(2), Florida Statutes (2008), which would place limitations on his ability to obtain a witness fee if his testimony at the discovery deposition amounted to an appearance "as an official witness” under that section.

actual distance traveled to and from the courts. § 92.142, Fla.Stat. (1981). The only statutory requirement

...ate and `more than 50 miles from the location of the trial' and is requested to come to Florida and testify at a criminal trial and, in compliance with such request, appears and testifies at the trial, should such witness be compensated according to s. 92.142 , F.S., or according to s. 942.03 , F.S.? SUMMARY: In the absence of any other statutory directives or procedures (or a valid court order in a particular case), neither s. 942.03 nor s. 92.142 , F.S., applies to an out-of-state witness who, when requested to appear at a criminal trial in this state, voluntarily appears and testifies, and a court order would be necessary in order to pay witness fees under these circumstances....

...If such witness, after coming into this state, fails without good cause to attend and testify as directed in the summons, he shall be punished in the manner provided for the punishment of any witness who disobeys a summons issued from a court of record in this state. (Emphasis supplied.) Additionally, s. 92.142 , F.S., provides: Witnesses in all cases, civil and criminal, in all courts, now or hereafter created, and witnesses summoned before any arbitrator or master in chancery shall receive for each day's actual attendance $5 and also 6 cents per mile for actual distance traveled to and from the courts....

...cation of the trial' and who `is requested to come to Florida and testify at a criminal trial and, in compliance with such request, appears and testifies at the trial . . .,' and you question whether such a witness should be compensated according to s. 92.142 or s. 942.03 , F.S. Section 92.142 , F.S., appears to apply only to persons residing in a county in Florida and would therefore not apply to the situation which your inquiry describes....

...General Commercial Securities Corp., 106 Fla. 296 , 143 So. 250 , that the court might approve the payment of the per diem and mileage to a witness who had not been subpoenaed. (See concurring opinion of Justice Brown). (Emphasis supplied.) See also s. 92.142 (former s....

...etropolitan area, that the trial court had the power to fix witnesses' fees at $9.25 and 10 cents per mile, even though those figures were well in excess of the maximum fee established by law. The court was construing s. 90.14, currently codified as s. 92.142 , F.S....

...90.14 to add the last sentence providing for the payment of per diem and travel expenses at the same rate provided for state employees under s. 112.061 , in lieu of any other witness fee at the discretion of the court, which provision is now contained in s. 92.142 , F.S....

the payment of the witness fee prescribed in section 92.142, Florida Statutes? 2. When such employee uses

...gatories. An evidentiary hearing was held, and TPI argued against any fee award in part on the ground that Antaramian had secretly paid the fact witnesses at their professional billing rates for their testimony and other services. TPI cited section 92.142(1), Florida Statutes (2013), for the proposition that fact witnesses may only be paid a statutory rate of $5 for each day of “actual attendance.” TPI also cited two disciplinary opinions from this Court—namely, Florida Bar v....

...ion, the trial court appears to have awarded Antaramian $5 per day, relying on Moakley v. Smallwood, 826 So. 2d 221 (Fla. 2002), for the proposition that an attorney called to testify as a fact witness is only entitled to be paid $5 per day under section 92.142(1)....

...award, noting that the amounts paid for the witnesses’ non-testimony time “were apparently part of a $317,873.64 cost award.” Trial Practices, 228 So. 3d at 1187 (emphasis added). Nevertheless, the Second District “agree[d] with the trial court’s analysis of section 92.142 as well as the trial court’s conclusion that Antaramian was entitled to recover (as costs) the fees paid to witnesses for their assistance with case and discovery preparation.” Id....

...96-402 (1996), Propriety of Payments to Occurrence Witnesses). And the Second District concluded that the rule language permitting such payments “is broad enough to encompass” payments for “assistance with case and discovery preparation.” Id. at 1191. The Second District also addressed section 92.142, concluding that “the statute and the rule” address “entirely different and compensable items” and thus do not conflict....

...Florida Bar permits a party to make certain payments to fact witnesses. This issue presents a pure question of law that is subject to de novo review. See Rykiel v. Rykiel, 838 So. 2d 508, 510 (Fla. 2003). We exercise our discretion and decline to address any other issues—including section 92.142, Florida Statutes—because -9- they are outside the scope of the rephrased certified question....

...interrogatories. An evidentiary hearing was held, and TPI argued against any fee award in part on the ground that Antaramian had secretly paid the fact witnesses at their professional billing rates for their testimony and other services. TPI cited section 92.142(1), Florida Statutes (2013), for the proposition that fact witnesses may only be paid a statutory rate of $5 for each day of “actual attendance.” TPI also cited two disciplinary opinions from this Court_namely, Florida Bar v....

...time spent testifying at trial or deposition, the trial court appears to have awarded Antaramian $5 per day, relying on Moakley v. Smallwood, 826 So. 2d 221 (Fla. 2002), for the proposition that an attorney called to testify as a fact witness is only entitled to be paid $5 per day under section 92.142(1)....

...award, noting that the amounts paid for the witnesses’ non-testimony time “were apparently part of a $317,873.64 cost award.” Trial Practices, 228 So. 3d at 1187 (emphasis added). Nevertheless, the Second District “agree[d] with the trial court’s analysis of section 92.142 as well as the trial court’s conclusion that Antaramian was entitled to recover (as costs) the fees paid to witnesses for their assistance with case and discovery preparation.” Id....

...96-402 (1996), Propriety of Payments to Occurrence Witnesses). And the Second District concluded that the rule language permitting such payments “is broad enough to encompass” payments for “assistance with case and discovery preparation.” Id. at 1 191. The Second District also addressed section 92.142, concluding that “the statute and the rule” address “entirely different and compensable items” and thus do not conflict....

...Florida Bar permits a party to make certain payments to fact witnesses. This issue presents a pure question of law that is subject to de novo review. See Rykiel v. Rykiel, 838 So. 2d 508, 510 (Fla. 2003). We exercise our discretion and decline to address any other issues_including section 92.142, Florida Statutes_because they are outside the scope of the rephrased certified question....

...award was $2,467,142.39. In making the award, the trial court found that the majority of Antaramian's witnesses were fact witnesses and that Antaramian had improperly paid them as if they were expert witnesses, which was prohibited by section 92.142(1), Florida Statutes (2013)....

...The Cost Award's Inclusion of Recoverable Payments to Fact Witnesses for Trial Testimony and Possible Inclusion of Antaramian's Office Overhead Expenses TPI argues that payment to the fact witnesses of more than $5 per day violates section 92.142(1) and constitutes sanctionable conduct....

...Below, the trial court agreed that attorneys who testify at trial as fact witnesses are not entitled to the same hourly fee as an expert witness and, instead, that they are entitled only to $5 per day, the amount of witness compensation provided for in section 92.142....

...The trial court awarded $317,873.64 "with . . . respect [to] fees, costs[,] and expenses for which Antaramian is indebted or has paid as testified to by Robert Frazitta and as introduced at the evidentiary hearing." We agree with the trial court's analysis of section 92.142 as well as the trial court's conclusion that Antaramian was entitled to recover (as costs) the fees paid to witnesses for their assistance with case and discovery preparation....