16 Fla. L. Weekly Supp. 217b
Online Reference: FLWSUPP 163LOUIS
Insurance — Personal injury protection — Costs — Expert witness fee — No abuse of discretion in granting expert witness fees for lawyer who testified as expert as to reasonable attorney’s fees despite claim that case was not exceptional case and testimony was not burdensome
UNITED AUTOMOBILE INSURANCE COMPANY, a Florida corporation, Appellant, vs. DR. ROBERTO RIVERA-MORALES, M.D. (Dieula Louis), Appellee. Circuit Court, 17th Judicial Circuit (Appellate) in and for Broward County. Case No. 07-22205 (07). November 12, 2008. Counsel: Lara J. Edelstein, Coral Gables. Amir Fleischer, Fort Lauderdale. Harley Kane, Boca Raton.
OPINION AND ORDER
(ROBERT A. ROSENBERG, J.) THIS CAUSE is before the court upon appeal from a county court order granting expert witness fees in favor of appellee, Dr. Roberto Rivera-Morales. The court has reviewed the initial brief filed by the appellant, court file, and applicable law. An answer brief has not been filed by the appellee, as of this date, after several motions for extension of time were granted. Otherwise being fully advised in the premises the court finds and decides as follows:
Appellee filed a complaint for PIP benefits on April 12, 2007. The appellant, United Automobile Insurance Company, agreed to settle the case. A motion for attorney’s fees and costs was filed by the appellee, along with time sheets. A hearing was held and the trial court heard testimony from appellee’s expert witness regarding reasonable attorney fees. The trial court granted appellee 8.15 hours in attorney fees, at a rate of $375 per hour, and 2.25 hours for the expert fees, at a rate of $375 per hour.
On appeal, appellant claims that the trial court abused its discretion in awarding expert witness fees where it was not an exceptional case and the testimony was not burdensome.
The law is well settled that 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 fees. Travieso v. Travieso, 474 So.2d 1184 (Fla. 1985).
This Court finds that the record reveals competent evidence to support the discretion of the trial court.
Accordingly, the trial court is AFFIRMED.