Straus v. Morton F. Plant Hospital Foundation, Inc.
Straus v. Morton F. Plant Hospital Foundation, Inc.
Opinion of the Court
This is an appeal from the trial court’s refusal to tax, as costs, fees for attorneys who testified as experts in the proceedings
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
. "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.
Reference
- Full Case Name
- Edward STRAUS, as Personal Representative of the Estate of Elizabeth S. Adler, and William S. Adler, Deceased and Baxter and Rinard, P.A. v. MORTON F. PLANT HOSPITAL FOUNDATION, INC., Ravenswood Hospital Medical Center
- Cited By
- 4 cases
- Status
- Published