Wuesthoff Memorial Hospital v. Tapia
Wuesthoff Memorial Hospital v. Tapia
Opinion of the Court
In the order under review, the judge of compensation claims ruled “properly taxable”
Under certain circumstances, costs an expert reasonably incurs in preparing testimony may be taxed, even though the testimony proves unnecessary. Coastal Petroleum Co. v. Mobil Oil Corp., 583 So.2d 1022 (Fla. 1991). On that basis, Dr. Weiss’ $450 bill for an independent medical examination of the claimant was properly taxed.
But we cannot agree that monies which might have come to Dr. Weiss if he had not planned to appear as an expert witness are “reasonable costs of such proceedings” within the meaning of section 440.34(3), Florida Statutes (1993). The parties have cited no precedent and we are aware of none for taxing as costs revenues an expert witness loses because his testimony proves unnecessary.
Accordingly, the order is modified by reducing the taxable costs by $1950 and, as modified, affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.