COLAIZZO v. OFFICE OF CRIMINAL CONFLICT

No. 4D10-2422.

82 So.3d 195 (2012)

Dr. Philip COLAIZZO, M.D., Appellant, v. OFFICE OF CRIMINAL CONFLICT AND CIVIL REGIONAL COUNSEL, Appellee.

District Court of Appeal of Florida, Fourth District.

March 14, 2012.


Attorney(s) appearing for the Case

Glenn H. Mitchell , West Palm Beach, for appellant.

Antony P. Ryan , Regional Counsel and Melanie L. Casper , Assistant Regional Counsel, Office of Criminal Conflict and Civil Regional Counsel, West Palm Beach, for appellee.


GROSS, J.

This case presents this question: As between two agencies funded by state government, which should bear the responsibility for an expert witness fee incurred in a deposition taken in a termination of parental rights proceeding? In the absence of any statutory direction, we hold that the Florida Rules of Juvenile and Civil Procedure apply to make the agency seeking the deposition responsible for payment.

Dr. Philip Colaizzo, the medical director of...

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