FLORIDA DEPT. OF HLT. & REH. v. STATE

No. 75-1047.

330 So.2d 54 (1976)

FLORIDA DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES, DIVISION OF MENTAL HEALTH et al., Petitioners, v. STATE of Florida and Arthur L. Williams, Respondents.

District Court of Appeal of Florida, Second District.

April 9, 1976.


Attorney(s) appearing for the Case

Mary Clark, Tallahassee, for State of Florida Dept. of Health and Rehabilitative Services.

Robert L. Shevin, Atty. Gen., Tallahassee, and William I. Munsey, Jr., Asst. Atty. Gen., Tampa, for respondents.


SCHEB, Judge.

Petitioners contend the trial judge erred in denying the State Attorney's motion requesting payment of expert witness fees for staff members of the state hospital subpoenaed to testify as to competency of a defendant in a criminal case. We denied the Attorney General's motion to dismiss on grounds the trial court's order was not appealable and we elected to treat the notice of appeal as a petition for a writ of certiorari. Upon review of the record and...

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