A Federal Court has held that Expert Witness Fees submitted as taxable Costs following Trial would not be taxed in a Federal Case as Costs under Federal Law, nor under Florida's Offer of Judgment Statute, Fla. Stat. § 768.79. Kearney v. Auto-Owners Insurance Co., Download Kearney v. Auto-Owners Insurance Co. (M.D. Fla. Case No. 8.06cv00595, Order Denying Supplemental Costs Filed August 4, 2010) also published as 2010 WL 3062420 (M.D. Fla. August 4, 2010)(Westlaw subscription required to access Westlaw).
The Federal Court also discussed an Eleventh Circuit Court of Appeals decision disallowing Expert Witness Fees as taxable costs under Fla. Stat. § 627.428 as well, in a Federal Case. Kearney v. Auto-Owners Insurance Co., 2010 WL 3062420 at *2.
The "expert trial witness" fees in question were for former Florida Supreme Court Justice Charles Wells. Moreover, the Online Docket of this Case on Pacer reflects that a Notice of Appeal was previously filed by the Plaintiff.
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