Dade County v. Brigham Et Al‪.‬

This case is before us on petition for writ of certiorari. The primary and controlling question presented for our determination is whether the Circuit Judge erred in taxing the fees of expert witnesses who testified for the appellees, defendants below, as costs against the appellant, petitioner below, in a condemnation proceeding. The appellant insists that expert witnesses fees are not legal costs as contemplated by the statutes of the State of Florida and are wholly unauthorized by law. In support of its position the appellant relies heavily upon our opinion and judgment in the case of Inland Waterways Development Co. v. City of Jacksonville, Fla., 38 So.2d 676, 678, and entertains the view that the opinion and judgment in that case concluded the question raised in this case favorable to appellants position. We do not believe that the holding in the case of Inland Waterway Development Co. v. City of Jacksonville, supra, is necessarily or inevitably controlling.