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POWELL v. BARNES

No. 93-130.

629 So.2d 185 (1993)

Thomas POWELL and Jimmy W. Powell, Appellants, v. Bruce Lorenza BARNES and Alice W. Barnes, his wife, Appellees.

District Court of Appeal of Florida, Fifth District.

Rehearing Denied December 29, 1993.

Attorney(s) appearing for the Case

Dudley D. Allen, Jacksonville, for appellants.

Robert J. Link of Pajcic & Pajcic, P.A., Jacksonville, for appellees.

COBB, Judge.

The issue on this appeal is a simple one: What is a prevailing party's burden at an evidentiary cost hearing for recovery of expert witness fees?

In Lafferty v. Lafferty, 413 So.2d 170 (Fla. 2d DCA 1982), it was held that, upon specific objection to the setting of an expert witness fee without an evidentiary hearing (as in the instant case), the prevailing party will have to present testimony concerning...

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