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BYSTROM v. FLORIDA ROCK INDUSTRIES

No. 87-89.

513 So.2d 742 (1987)

Franklin B. BYSTROM, Dade County Property Appraiser, and Stephen L. Smith, Dade County Tax Collector, Appellants, v. FLORIDA ROCK INDUSTRIES, INC., Appellee.

District Court of Appeal of Florida, Third District.

October 6, 1987.

Attorney(s) appearing for the Case

Robert A. Ginsburg, Dade Co. Atty., and Daniel A. Weiss, Asst. Co. Atty., for appellants.

John G. Fletcher, South Miami, for appellee.

Before HENDRY, NESBITT and BASKIN, JJ.

HENDRY, Judge.

The Property Appraiser and Tax Collector of Dade County appeal an order entered by the trial court, without hearing testimony, which set an expert witness's fee at $250.00. Appellants contend the trial court abused its discretion by setting an unreasonably low fee which failed to take into account the cost of time for the preparation of the expert witness's testimony. We agree.

In the underlying case, Florida Rock Industries, Inc. challenged...

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