Supreme Court of Florida
Massey v. David, SC07-776
Section 57.071(2) of the Florida Statutes is unconstitutional as it impermissibly encroaches on the rulemaking authority of the Florida Supreme Court because it imposes procedural requirements with regard to both the discovery of expert witnesses and the taxation of expert witness fees as costs which do not exist under the rules of practice and procedure that have been promulgated by the Court.
Appellate Information
- Decided 04/03/2008
- Published 04/03/2008
Judges
- LEWIS, C.J.
Court
- Supreme Court of Florida
Counsel
- For Appellant:
- Joseph W. Little, Gainesville, Florida, and Robert C. Widman, Venice, Florida, for Appellant.
- For Appellees:
- John A. DeVault, III and Courtney K. Grimm of Bedell, Dittmar, DeVault, Pillans, and Coxe, P.A., Jacksonville, Florida, and John H. Pelzer of Ruden, McClosky, Smith, Schuster, and Russell, P.A., Fort Lauderdale, Florida, for Appellee.