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FAMILY DOLLAR STORES OF FLORIDA, INC. v. JONES

No. 4D03-2465.

867 So.2d 1278 (2004)

FAMILY DOLLAR STORES OF FLORIDA, INC., Appellant, v. Vensy JONES, Appellee.

District Court of Appeal of Florida, Fourth District.

March 24, 2004.

Attorney(s) appearing for the Case

Naomi R. Boyle and Edward Levine of Wagenfeld Levine, Miami, for appellant.

Richard B. Doyle, Jr. of Loughren & Doyle, P.A., Fort Lauderdale, for appellee.

PER CURIAM.

Appellant, Family Dollar Stores of Florida, Inc., ("Family Dollar") appeals the trial court's final judgment which awarded the Appellee costs. We reverse as to the taxation of costs of a $400 expert witness fee when the witness did not testify at trial and his deposition was not used at trial. See Thellman v. Tropical Acres Steakhouse, Inc., 557 So.2d 683, 684 (Fla. 4th DCA 1990) (stating that "[i]t is not appropriate...

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