Florida/Georgia Personal Injury & Workers Compensation

...Therefore, I would quash the district court's decision and remand with instructions that in this case the trial court's award of monetary sanctions be stricken. I would join in sending the issue of bad faith sanctions against lawyers to the rules committees. NOTES [1] Smallwood urges as an alternative basis for affirmance section 92.231, Florida Statutes (1997), which provides for compensation of expert witnesses. However, the record does not reflect that Smallwood was offered as an expert or permitted by the court to qualify and testify as such, as required by section 92.231....

...Aronovitz, 404 So.2d 138 (Fla. 3d DCA 1981), review denied, 415 So.2d 1360 (Fla. 1982), the Third District, in the present case, affirmed the trial court's denial of petitioner's request for expert witness fees. The Fourth District in Murphy v. Tallardy held that, pursuant to section 92.231, Florida Statutes (1981), expert witness fees may be taxed as costs for a lawyer who testifies as an expert regarding the value of a reasonable attorney's fee for counsel for one of the parties. We agree with the holding of the Fourth District in Murphy v. Tallardy and disagree with the Third District's holding on this issue in the present case and in Mills v. Aronovitz . Section 92.231, Florida Statutes (1983), provides: (1) The term "expert witness" as used herein shall apply to any witness who offers himself in the trial of any civil action as an expert witness or who is subpoenaed to testify in such capacity befor...

...eed to pay but had not. Not material to its holding, and therefore dicta, the Third District in Mills opined that if the testimony of attorney-experts is offered not as part of the trial but in proceedings collateral to trial, section 90.231(1) (now section 92.231) does not authorize expert witness fees to be taxed as costs....

...The Fourth District in Tallardy properly determined that the narrow construction of the provision of the workers' compensation statute by this Court in Zabawczuk to effectuate the purpose of that act as evidenced by its history does not logically nor reasonably require such a construction of section 92.231. Judge Downey, speaking for the court, accurately explained: It should be noted that the essential provisions of Sections 440.31 and 92.231 are quite similar....

...esses who testified at the hearing on attorney's fees. We disapprove this holding in Bignotti insofar as it conflicts with our present decision. We also disapprove the dicta in Mills which conflicts with our present holding. 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....

...BOYD, C.J., and ADKINS and McDONALD, JJ., concur. EHRLICH, J., concurs in part and dissents in part with an opinion. OVERTON, J., dissents with an opinion in which SHAW, J., concurs. *1187 EHRLICH, Justice, concurring in part and dissenting in part. I concur with the majority that section 92.231, Florida Statutes (1983) applies, and that an expert witness fee may be properly taxed as costs when an attorney testifies as an expert on the subject of the amount of attorney's fee, but I dissent from the holding that it is discretionary. Section 92.231 provides that an expert witness who has testified in any cause " shall be allowed a witness fee." The majority makes the awarding of expert witness fees for a lawyer who testifies as an expert as to reasonable attorney's fees discretionary and holds that such may be taxed as costs....

...Zabawczuk, 200 So.2d 802 (Fla. 1967) to this case. I disagree. I am of the opinion that the Court should recede from Zabawczuk. This Court placed an unwarranted narrow construction on a provision of the Workers' Compensation Act which is comparable to section 92.231, and held that the awarding of an attorney's fee to the claimant who prevailed on his claim was a collateral benefit, and that if an attorney testified as an expert on claimant's behalf as to a reasonable attorney's fee (and that is the only way such fee can be awarded because of judicial holdings, Lyle v....

...I am concerned that this decision will provide substantial support to the argument that the adversary system is becoming too costly and inefficient to resolve domestic disputes. *1189 In my opinion, the legislature never intended the subject statute, section 92.231, Florida Statutes (1983), to be construed to allow attorneys to receive expert witness fees for testifying as to appropriate fees for fellow lawyers....

...modification or correction of the award. TCC's third point on cross appeal is that the trial court should have awarded the additional fees and costs for services rendered by TCC's architect at the arbitration proceeding, pursuant to the contract and section 92.231, Florida Statutes (1987)....

...o 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 (Fla. 1987) (disapproved on other grounds, Miami Children's Hosp. v. Tamayo, 529 So.2d 667 (Fla. 1988)). In Travieso, the Court held that the broad language of § 92.231 encompassed taxing costs for the services of an attorney who testifies as an expert on the subject of attorney's fees; however, such an award of costs is within the discretion of the trial court....

...ation "only in the exceptional case where the time required for preparation and testifying is burdensome." Id. In Tuerk, the 3d DCA held that a trial court should not summarily deny a claim for expert witness fees until the standards of Travieso and § 92.231 are satisfied....

...If the judgment finally obtained by the adverse party is not more favorable than the offer, he must pay the costs incurred after the making of the offer." [8] Rule 1.442 is modelled after and is virtually identical to Federal Rule 68. See Committee Notes to rule 1.442. [9] Section 92.231(2), provides that "[a]ny expert or skilled witness who shall have testified in any cause shall be allowed a witness fee including the cost of any exhibits used by such witness in the amount of $10 per hour or such amount as the trial j...

...n attorney's fees. We affirm on this issue. We recognize that the Fourth District Court of Appeal, in a carefully reasoned opinion, recently approved the taxation of such fees as costs, just as would be done with any other expert witness pursuant to section 92.231, Florida Statutes (1981)....

...The court held that it could not apply that reasoning to section 44.102(6) because of its purely procedural nature. See id. We recognize that the substantive right for recovery of an expert witness fee as a taxable cost finds its basis in statutory law and has existed since at least 1949. See § 90.231, Fla. Stat. (1949); § 92.231, Fla....

...endent basis for awarding fees. See id. Therefore, the Court held that section 44.102 was procedural in nature and, accordingly, unconstitutional. See id. The Instant Case The general provision for awarding expert witness fees as costs is located in section 92.231(2), Florida Statutes (2007), which provides, in pertinent part: "Any expert or skilled witness who shall have testified in any cause shall be allowed a witness fee including the cost of any exhibits used by such witness in an amount agreed to by the parties, and the same shall be taxed as costs." As noted by the Fourth District in Cort, this grant of authority to tax expert witness fees as costs has existed since at least 1949. See Cort, 807 So.2d at 738; see also § 92.231, Fla....

...Under the substantive-versus-procedural analysis described by this Court in Kirian, we hold that section 57.071(2) is a procedural statute. As noted by the Fourth District in Cort, the right to tax expert witness fees as costs is not at all delineated in section 57.071(2); rather, the substantive right was created in section 92.231(2)....

...independent basis for awarding fees. Use of the language "[e]xpert witness fees may not be awarded as taxable costs unless" at the beginning of section 57.071(2) does not actually define a substantive right. Rather, the express right was created in section 92.231(2), and this language in section 57.071(2) is merely a prelude that attempts to introduce additional procedural elements related to the award of such costs....

...been delineated by this Court for the discovery of expert information and for seeking reimbursement of fees for expert witnesses as costs. See Kirian, 579 So.2d at 732. The substantive right to taxation of expert witness fees as costs was created in section 92.231(2), and therefore, we conclude that section 57.071(2), like the offer-of-judgment statute which was addressed in Knealing, is exclusively procedural in nature....

...The statute allowing the recovery of costs provides, in part, that "[a]ny expert or skilled witness who shall have testified in any cause shall be allowed a witness fee including the cost of any exhibits used by such witness in an amount agreed to by the parties, and the same shall be taxed as costs." § 92.231(2), Fla....

...This subsection does not apply to any action proceeding under the Florida Family Law Rules of Procedure. § 57.071(2), Fla. Stat. (2007); see ch. 99-225, § 5, at 1407, Laws of Fla. [7] While the *945 right to taxation of expert witness fees as costs is created in section 92.231(2), Florida Statutes, the first sentence of section 57.071(2), by conditioning that right, further defines and regulates it....

...properly limited by the Legislature") (emphasis added). Similarly, here, the first sentence of section 57.071(2) conditions the substantive right to taxation of expert witness fees on providing the opposing party a report of the expert. Thus, while section 92.231(2) creates the right to such costs, section 57.071(2) conditions it....

...y indeed overwhelm the substantive ones. I merely suggest that such is not the case here. The majority concludes that the provision is "exclusively procedural" because the "substantive right to taxation of expert witness fees as costs was created in section 92.231(2)." Majority op....

...If it is substantive, then it remains so regardless *946 of whether other statutes also inform the right. The placement of a condition on a right in a different statute from the one creating it does not render it procedural. The two statutes—sections 57.071(2) and 92.231(2)—must be read in pari materia....

...3d DCA), petition for review denied, 402 So.2d 612 (Fla. 1981), in which the court held that as in the case of attorney's fees it was necessary to conduct an evidentiary hearing in order to determine the reasonable fee of any expert witness. In reaching its decision, the court there relied upon section 92.231, Florida Statutes (1981), which is the only statute on the subject pertaining to civil actions....

...ntant's testimony and other presentation of evidence on the substantive issues made during trial. The failure to conduct an evidentiary hearing to determine reasonable expert witness fees constituted an abrogation of the court's statutory duty. See, § 92.231(2), Fla....

...ie case. Accordingly, we reverse that portion of the contested cost judgment of $114,026.85, and remand for entry of a cost judgment for the remaining amounts sought, together with a minimal hourly rate for recognized expert witnesses as provided by section 92.231, Florida Statutes (1991)....

...was reasonable for the trial court, with knowledge of the length and the type of testimony given by each witness, to determine these expert witness fees where the amounts involved were not of such magnitude as to indicate grossly excessive charges. Section 92.231(2), Florida Statutes (1983); Conboy v....

...Appellee's argument that it is nevertheless entitled to an expert witness fee because the witness was prepared to testify and would have done so but for the directed verdict in appellee's favor, was considered and rejected in Junkas. The argument overlooks § 92.231, Florida Statutes (1983) which permits the award of an expert witness fee to a witness who has been called in a civil trial as an expert and who "is permitted by the court to qualify and testify as such," and "who shall have testified" in the cause....

...ified as experts by the court nor testify at trial. KMS of Florida Corp. v. Magna Properties, Inc., 464 So.2d 234 (Fla. 5th DCA 1985). It is similarly inappropriate to tax as costs fees of expert witnesses for telephone conferences with counsel. See § 92.231, Fla....

...e Fourth District in Murphy v. Tallardy, 422 So.2d 1098 (Fla. 4th DCA 1982), that the narrow construction of the workers' compensation statute at the time Zabawczuk was decided did not require the same construction of the expert witness fee statute, section 92.231, Florida Statutes (1983)....

...ney's fees. The only point that warrants discussion is the allowance of an expert witness fee for the lawyer who testified concerning the value of attorney's fees for appellee's counsel. The authority for allowing expert witness fees is contained in Section 92.231, Florida Statutes (1981), which provides: 92.231 Expert witnesses; fee....

...(as in Mills and Tiedtke); that experts called to testify to the value of attorneys' services in suits for divorce or suits on insurance contracts are experts on collateral issues and not entitled to expert witness fees taxable as costs pursuant to Section 92.231....

...1967), a workers' compensation case that held that Section 440.31, Florida Statutes (1967) was not intended to allow expert witness fees for lawyers who testify in compensation cases relative to a claimant's attorney's fees. It should be noted that the essential provisions of Sections 440.31 and 92.231 are quite similar....

...The Act "was pitched on the theory that the claimant could litigate his own cause" ... . 209 So.2d 454 at 456. In view of that history, we suggest the narrow construction placed upon the Compensation Statute to effectuate the purpose of that Act does not logically nor reasonably require such a construction of Section 92.231....

...eal and the obvious concern with which they treated the subject in Mills, and because we perceive the question to be one of great public importance, we certify the following question to the Supreme Court of Florida: Is a trial court authorized under Section 92.231, Florida Statutes (1981) to tax costs or allow as suit money an expert witness fee for a lawyer who testifies as an expert regarding the value of a reasonable attorney's fee for counsel for one of the parties? LETTS, C.J., and GLICKSTE...

...1983), we have carefully reviewed the record and find that the trial court's award is supported by substantial, competent evidence. In the same vein, we find that appellant has failed to demonstrate that the trial court abused its discretion by awarding $200.00 for appellant's *1045 expert witness. See Section 92.231(2), Florida Statutes (1983); Murphy v....

...a witness fee including the cost of any exhibits used by such witness in the amount of $10 per hour or such amount as the trial judge may deem reasonable, and the same shall be taxed as costs." Section 90.231 has been transferred, without change, to Section 92.231....

...e 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. NOTES [1] "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....

...Although we recognize that a trial court has the authority to exercise its discretion in deciding whether to award expert witness fees, both courts should satisfy themselves that the standards in Travieso v. Travieso, 474 So.2d 1184 (Fla. 1985), and section 92.231, Florida Statutes (1985), have been met before denying an award of fees....

...se portions of the final cost judgment awarding expert witness fees and expenses for the services of the appraiser, the parking engineer, and the planning and zoning consultant, and remand for an award of expert witness fees and expenses pursuant to section 92.231, Florida Statutes (1993)....

...The record discloses that his involvement was early in the proceedings and he did not testify at trial. The County asserts that Dunham's fee is unnecessary and unreasonable because he did not testify at the trial and, therefore, he does not qualify as an expert witness under section 92.231, Florida Statutes (1985)....

...is taken shall be allowed a witness fee in such reasonable amount as the court may determine." See Eppler v. Tarmac Am. Inc., 695 So.2d 775, 777 (Fla. 1st DCA 1997) (an expert witness is entitled to payment of a fee for a deposition). Additionally, section 92.231, Florida Statutes (1998) provides that any expert, who is qualified as such and who testifies in any cause, shall be allowed a fee....

...The fees sought by Stokus and Olson should have been awarded. Finally, Stokus and Olson have also challenged the denial of their request for an expert fee for James Baxter, an attorney who testified on their behalf and in favor of their surcharge petition in the adversary proceeding. Pursuant to section 92.231, Florida Statutes (1991), expert witness fees may be taxed as costs for a lawyer who testifies as an expert....

...Travieso, 474 So.2d 1184 (Fla.1985), and stated that Travieso made "the award of such expert fees discretionary only where the testifying attorney expert does not expect to be compensated for that testimony." Straus, 478 So.2d at 473. In Travieso, the supreme court stated the following: 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 begin with the premise that costs are expenses incurred in prosecuting or defending an action. Certain Lands v. City of Alachua, 518 So.2d 386, 389 (Fla. 1st DCA 1987). They are awardable only as provided by statute or rule. Israel v. Lee, 470 So.2d 861 (Fla. 2d DCA 1985). Section 92.231(2), Florida Statutes (1995), permits expert witness fees to be taxed as costs. The statute, however, defines an expert witness as one who offers himself or herself as an expert witness in a civil action, and is permitted to testify. § 92.231(1), Fla....

...None of these witnesses testified at the civil trial in this case. Florida Rule of Civil Procedure 1.390(c) also provides that an expert witness whose deposition is taken shall be allowed a witness fee, but, again, none of these witnesses was deposed. Galaxy does not contend that either section 92.231 or rule 1.390 authorizes fees for these witnesses....

...Patel's experts, the trial court concluded that the nonmonetary benefits totaled $148,469 and, pursuant to section 73.092(1)(b), awarded his attorneys 33% of that amount as an additional fee, which totaled $48,995. The trial court also awarded fees for the expert witnesses who testified at the hearing, relying upon section 92.231, Florida Statutes (1997), and Stokus v....

...rida Rock. This motion included an expert witness fee of $5,071.22 due the appraiser for 62.5 hours of preparation time and actual testimony. The trial court, without hearing testimony concerning the expert witness fee, set the fee at $250.00. Under section 92.231(2), Florida Statutes (1985), a trial judge has discretion to determine reasonable expert witness fees and tax these fees as costs....

...Section 1.E. pertains to depositions in general. Section 2.G. is specifically applicable to depositions of expert witnesses. Section 2.H. provides that no fees should be awarded for depositions that are not used, in whole or in part, at the trial. See also, section 92.231(2), which allows attorneys fees for "[a]ny expert or skilled witness who shall have testified." (emphasis added).

...The court held that it could not apply that reasoning to section 44.102(6) because of its purely procedural nature. See id. We recognize that the substantive right for recovery of an expert witness fee as a taxable cost finds its basis in statutory law and has existed since at least 1949. See § 90.231, Fla. Stat. (1949); § 92.231, Fla....

...The appellee has asserted that the Florida Supreme Court's recent ruling in Travieso v. Travieso, 474 So.2d 1184 (Fla. 1985), effectively overruled its decision in Zabawczuk, supra . While the court held in Travieso that an attorney who testifies as an expert on attorney's fees shall be allowed an expert witness fee under Section 92.231, Florida Statutes (1983) [2] , the majority distinguished its prior decision in Zabawczuk as applying strictly to worker's compensation cases....

...ess, in such reasonable amount as the deputy commissioner may determine, not in excess of the rate prevailing in the locality for witness fees for such expert witnesses in workers' compensation proceedings, notwithstanding the limitation provided in s. 92.231. [2] Section 92.231, Florida Statute (1983) provides as follows: 92.231 Expert witnesses; fee....

...Damian, and Linda T. Morano, for appellee. Before HUBBART, NESBITT, and GERSTEN, JJ. GERSTEN, Judge. Appellant, Franklin Bystrom, the Dade County Property Appraiser, appeals a post-judgment order refusing to tax an expert witness fee as costs, pursuant to section 92.231, Florida Statutes (1989)....

...In Aspen the court ruled a party may recover costs after a judgment, although the costs were paid by a third party without any obligation to repay. In this case, neither appellant nor a third party paid or incurred costs for Hathaway's expert witness services. Appellant contends, relying on section 92.231(2), Florida Statutes, that an award of costs to the prevailing party for the services of the party's expert witness is mandatory, regardless of the expert witness's employment status with the party. We do not agree. Section 92.231, Florida Statutes, merely provides a mechanism through which a prevailing party may be entitled to recover as costs, fees it has paid or incurred for expert witness services....

...We agree that these awards were entered in error. As a threshold issue, we note that Dr. Negroski could properly be considered an expert witness because, even though he was Ms. Alario's treating doctor, he also gave his expert opinions on her injuries and their significance. See § 92.231(2), Fla....

is a taxable cost under the circumstances. Section 92.231(2), Florida Statutes (1981), provides for the

...Appellants seek review of the trial court's final judgment awarding Appellee City of Alachua its costs incurred against Appellants. We reverse that portion of the judgment awarding costs for an expert witness fee because the trial court was not authorized to award costs for an expert witness who did not testify. See § 92.231(1)-(2), Fla....

Fral-icker only) of the motions to tax costs. § 92.231(2), Fla. Stat. (reasonable expert witness fee

connection, consideration must be given to Section 92.231, Florida Statutes (1979), relating to expert

...3d 1246, 1251 (Fla. 4th DCA 2009) (same). Hence, to the extent that the sanctions judgment against Lana includes an award of costs, it was patently improper. And, as Lana properly points out, expert witness fees are taxed as costs. Section 92.231(2), Florida Statutes (2015), provides, in pertinent part: Any expert or skilled witness who shall have testified in any cause shall be allowed a witness fee including the cost of any exhibits...

...Neither Baskin nor Fernald were deposed. Therefore, neither was entitled to an expert witness fee under this rule. In this appeal, Baskin argues for the first time that his judgment should be affirmed because he was entitled to the fee under section 92.231, Florida Statutes (2015). Notably, this was not the basis asserted for the award in Baskin's "notice of intent" to seek a fee, nor was it argued at the hearing. Further, section 92.231(2) permits an award of an expert witness fee only to an expert who "shall have testified in any cause," and it is undisputed that neither Baskin nor Fernald testified at the sanctions hearing. Therefore, even if section 92.231(2) had been raised as a basis for the award in the probate court, the court could not have properly awarded expert witness fees on that basis since the statutory prerequisites were not met....

public defender or court appointed counsel. Section 92.231(2), F.S., provides: Any expert or skilled

...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....

...Generally, “[i]t is not appropriate to tax as costs the fees of witnesses who are neither qualified as experts by the court nor testify at trial.” Thellman v. Tropical Acres Steakhouse, Inc., 557 So. 2d 683, 684 (Fla. 4th 10 DCA 1990); see § 92.231(2), Fla Stat....

extension hearing and to liquidate the amount. See § 92.231, Fla. Stat. (1995). The witnesses were two of

...Indeed, the language "used at trial" suggests a stricter standard than the "serving a useful purpose" standard referred to in the above cases. The appellants also complain of the taxation of costs incurred in the production of a video tape exhibit which was used by the plaintiff's expert at trial. This was proper under Section 92.231, Florida Statutes....

...We also affirm on this issue, but write to clarify our rationale. A trial court’s determination to tax expert witness fees as a cost is reviewed for abuse of discretion. United Auto. Ins. Co. v. Path Med., LLC, 359 So. 3d 854, 854 (Fla. 3d DCA 2023). Section 92.231(2), Florida Statutes (2022), governs expert witness fees and provides that “[a]ny expert or skilled witness who shall have testified in any cause shall be allowed a witness fee ....

...WARNER, J., concurring specially. I agree with the affirmance of the attorney’s fees and costs. I write to explain my concurrence in the taxation of the attorney expert witness fee. Trombino sought to tax her expert’s fee as a cost based upon section 92.231, Florida Statutes (2022)....

...1985), the supreme court construed the statute as providing discretion to award expert fees as costs when an attorney testifies as an expert as to the reasonableness of the attorney’s fees being requested. The court wrote: 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....

...They are civil proceedings which happen to affect the substantial interests of the parents and children involved.’ ” N.S.H. v. Fla. Dep’t of Children & Family Serv., 843 So.2d 898 , 902 (Fla.2003) (quoting Ostrum v. Dep’t of Health & Rehab. Servs., 663 So.2d 1359, 1361 (Fla. 4th DCA 1995)). Section 92.231(2), Florida Statutes (2008), provides that an expert witness who has “testified in any cause shall be allowed a witness fee” that “shall be taxed as costs.” Here, the case was resolved before trial, so there was no “prevailing party” entitled to tax costs....

to obtaining the presence of the witness. See § 92.231(2), Fla.Stat. (1981) (“Any expert or skilled witness

...3d 1246, 1251 (Fla. 4th DCA 2009) (same). Hence, to the extent that the sanctions judgment against Lana includes an award of costs, it was patently improper. And, as Lana properly points out, expert witness fees are taxed as costs. Section 92.231(2), Florida Statutes (2015), provides, in pertinent part: Any expert or skilled witness who shall have testified in any cause shall be allowed a witness fee including the cost of any exhibits...

...Neither Baskin nor Fernald were deposed. Therefore, neither was entitled to an expert witness fee under this rule. In this appeal, Baskin argues for the first time that his judgment should be affirmed because he was entitled to the fee under section 92.231, Florida Statutes (2015)....

...Notably, this was not the basis asserted for the award in Baskin's "notice of (Fla. 2d DCA 2007). A voluntary absence from a properly noticed hearing does not implicate due process. - 11 - intent" to seek a fee, nor was it argued at the hearing. Further, section 92.231(2) permits an award of an expert witness fee only to an expert who "shall have testified in any cause," and it is undisputed that neither Baskin nor Fernald testified at the sanctions hearing. Therefore, even if section 92.231(2) had been raised as a basis for the award in the probate court, the court could not have properly awarded expert witness fees on that basis since the statutory prerequisites were not met....

...During the course of the litigation, neither party ever took this expert’s deposition, nor was he called upon to testify at trial as Ford had admitted liability. The trial court ruled in favor of Garrison, and this appeal ensued. We find that this award cannot be upheld under Section 92.231, Florida Statutes, for the expert witness, Dr....

...contractual obligations and did not act in bad faith. 2 Third, we find no abuse of the trial court’s discretion in its award of expert witness fees to the buyers. Although the Statewide Uniform Guidelines for Taxation of Costs in Civil Actions and section 92.231, Florida Statutes (1987), provide that the trial court shall award fees for experts who testify about matters pending before the trial court, contrary to the seller’s assertion, those authorities do not necessarily exclude awards when the expert testimony is in the form of a proffer....

...ss fee for time spent by the fee expert’s non-testifying assistants to prepare the expert to testify. “Costs are taxable only where authorized by statute or rule.” Junkas v. Union Sun Homes, Inc., 412 So. 2d 52, 53 (Fla. 5th DCA 1982). Section 92.231(2), Florida Statutes (2020), governs expert witness fees and provides that “[a]ny expert or skilled witness who shall have testified in any cause shall be allowed a witness fee ....

...4 Similarly, we reject appellant’s argument that he should receive fees for obtaining a clarification of Chapter 119 with respect to the cutoff date for the reasonable costs of enforcement. 8  Although “some courts had modified [section 92.231] by judicial fiat to allow expert witness fees only when the expert testifies as to the main issues as opposed to collateral issues in a case,” the Florida Supreme Court ultimately rejected this approach. Travieso v. Travieso, 474 So. 2d 1184, 1185 (Fla. 1985). In Travieso, our supreme court held 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.” Id....

...any court ordered report.” Fla. R. Civ. P. App. II, § I.C.1. By contrast, the Guidelines provide that any expenses relating to consulting but non- testifying experts should not be taxed as costs. Fla. R. Civ. P. App. II, § III.B. Consistent with section 92.231(2) and the Guidelines, the general rule in Florida is that “[i]t is not appropriate to tax as costs the fees of witnesses who are neither qualified as experts by the court nor testify at trial.” Thellman v....

...Deshpande, 314 So. 3d 416, 422 (Fla. 3d DCA 2020) (reversing the costs awarded to the “[p]laintiff’s experts who never testified at trial and who were never deposed”); In re Est. of Assimakopoulos, 228 So. 3d 709, 716 (Fla. 2d DCA 2017) (“[S]ection 92.231(2) permits an award of an expert witness fee only to an expert who ‘shall have testified in any cause,’ and it is undisputed that neither Baskin nor Fernald testified at the sanctions hearing.”); Woodbridge Holdings, LLC v....

...4th DCA 2015) (reversing an award of fees for an expert who did not testify at trial); KMS of Fla. Corp. v. Magna Props., Inc., 464 So. 2d 234, 235 (Fla. 5th DCA 1985) (reversing an expert witness fee where “no expert witness testified for appellee,” as section 92.231 allows an expert witness fee only for an expert who shall have testified). Appellant cites case law for the generic proposition that “[a]n expert witness is permitted to use assistants in formulating his expert opinion.” Dura Auto....

...of Dorothy L. Fischer Tr. v. Fischer as Co-Tr. of Dorothy L. Fischer Tr., 332 So. 3d 516, 521 (Fla. 4th DCA 2021). We have found no statute or rule which authorizes costs associated with a fee expert’s non-testifying assistants to be taxed as costs. Section 92.231(2) authorizes an award of an expert witness fee to an expert who “shall have testified in any cause.” The express language of the statute does not extend to the expert’s non-testifying assistants. We do not read the general language of section 119.12—“reasonable costs of enforcement”—as expanding upon the specific language in section 92.231(2). Rather, reading the two statutes together, we conclude that only an expert witness fee authorized under section 92.231(2) qualifies as a reasonable cost of enforcement under section 119.12. Finally, we reject appellant’s argument that the fees attributable to the expert’s assistants are recoverable under section 57.104, Florida Statutes (2020)....

...where the expert testifies. We agree. “Costs are taxable only where authorized by statute or rule.” O’Boyle v. Town of Gulf Stream, 341 So. 3d 335, 341–42 (Fla. 4th DCA 2022) (quoting Junkas v. Union Sun Homes, Inc., 412 So. 2d 52, 53 (Fla. 5th DCA 1982)). Section 92.231(2), Florida Statutes (2023), governs expert witness fees and provides that “[a]ny expert or skilled witness who shall have testified in any cause shall be allowed a witness fee ....

PER CURIAM. At issue is the final judgment for taxation of costs against appellant. We reverse as to the cost of the appraisal. See Statewide Uniform Guidelines for Taxation of Costs in Civil Actions § 2; § 92.231, Fla....

...entitlement to benefits nine months after the complaint was filed and challenged the number of compensable hours requested by the attorney after agreeing to entitlement of attorney’s fees and costs. See Travieso, 474 So. 2d at 1186 (“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.”); Bystrom v. Florida Rock Indus., Inc., 513 So....

...ee and which were incurred against the Attorney-in-Fact. Costs for Non-Testifying Experts The standard of review of an award of expert costs is abuse of discretion. Smith v. School Bd. of Palm Beach Cnty., 981 So. 2d 6, 10 (Fla. 4th DCA 2007). Section 92.231(2), Florida Statutes (2020), provides that “[a]ny expert or skilled witness who shall have testified in any cause shall be allowed a witness fee ....

process to secure the attendance of witnesses.15 Section 92.231, Florida Statutes, which provides generally

...Stat. (1993). The statute specifically provides that “[o]ther witnesses shall be paid the witness fees[ 3 ] fixed by law.” § 39.414, Fla. Stat. (1993). Here approximately half the costs appellant seeks to recover are expert witness fees, which section 92.231, Florida Statutes (1993), provides “shall be taxed as costs.” On remand, HRS is entitled to itemized notice of the costs sought to be taxed against it....

...Neimand, for appellant. Flaxman Law Group, and Charles Flaxman (Hollywood), for appellee. Before EMAS, SCALES and HENDON, JJ. PER CURIAM.  Affirmed. See Travieso v. Travieso, 474 So. 2d 1184, 1186 (Fla. 1985) (“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”); United Auto....

...r proceedings. Upon remand, the trial court shall award a reasonable fee and assess any taxable costs, including a reasonable expert fee. See In re Amends. to Unif. Guidelines for Tax’n of Costs, 915 So. 2d 612, 616 (Fla. 2005); see also § 92.231(2), Fla....

...testified in any cause shall be allowed a witness fee including the cost of any exhibits used by such witness in an amount agreed to by the parties, and the same shall be taxed as costs.”); Travieso v. Travieso, 474 So. 2d 1184, 1186 (Fla. 1985) (“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.”); Straus v....

while addressing expert witness fees under section 92.231 of the Florida Statues, has previously stated