LEE COUNTY v. GALAXY FIREWORKS, INC.

No. 96-04504.

698 So.2d 1371 (1997)

LEE COUNTY, Florida, a political subdivision of the State of Florida, Appellant, v. GALAXY FIREWORKS, INC., a Florida Corporation, Appellee.

District Court of Appeal of Florida, Second District.

September 17, 1997.


Attorney(s) appearing for the Case

James G. Yeager, Lee County Attorney, and John S. Turner, Assistant Lee County Attorney, Fort Myers, for appellant.

Terrance F. Lenik of Allen, Knudsen & DeBoest, P.A., Fort Myers, for appellee.


NORTHCUTT, Judge.

Lee County contests certain costs awarded to Galaxy Fireworks, Inc. after Galaxy successfully challenged a county ordinance in circuit court. We agree that the disputed costs were not authorized, and reverse.

The county first complains that Galaxy should not have been awarded three expert witness fees. We begin with the premise that costs are expenses incurred in prosecuting or defending an action. Certain Lands v. City of Alachua,

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