SMITH v. SCHLANGER

No. 90-1569.

585 So.2d 1152 (1991)

George SMITH and Mildred Smith, Appellants, v. Alfred L. SCHLANGER and Dorothy Schlanger, His Wife, Appellees.

District Court of Appeal of Florida, Fourth District.

Rehearing and Certification Denied October 24, 1991.


Attorney(s) appearing for the Case

Rick Allen Saturn of Goldstein & Saturn, Boca Raton, for appellants.

Wayne Kaplan of Kaplan & Gaylord, P.A., Boca Raton, for appellees.


LETTS, Judge.

A witness, subpoenaed to testify at trial, refused to do so, telling the judge he had not been paid for his expert services. The trial judge, in effect, released him from his subpoena over objections. Nevertheless, we affirm.

When the witness took the stand, he immediately squabbled about his fee with counsel who had hired him. That same counsel argued to the judge that the witness had been sent a witness fee along with the subpoena and was only...

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