Stalsworth v. Grummons

OPINION

in which KOCH, J., and CAIN, J., joined.

The sole issue presented in this appeal is whether the trial court properly awarded as discretionary costs fees of the defendant’s expert witnesses who did not testify because the plaintiffs voluntarily dismissed their lawsuit on the day of trial before any proof was taken. The fees in question were charged by the defendant’s medical experts for reserving time in their schedules to testify, thereby precluding any other income-producing professional activities. The award of discretionary costs is affirmed.

After an adverse ruling on their motion in…