Allstate Insurance Co. v. Aetna Casualty & Surety Co.

PARRO, Judge.

Plaintiff filed an appeal from that portion of a final judgment of involuntary dismissal of plaintiffs claim in which the trial court awarded $972.50 in expert witness fees to defendant for a witness who did not testify. We reverse.

ISSUE

The issue before this court is whether the trial court had the authority to fix an expert witness fee for a witness who did not testify at trial.

FACTS

Allstate Insurance Company (“Allstate”), as subrogee in a damage claim, filed suit against Aetna Casualty and Surety Company (“Aetna”) to recover damages which Allstate paid to its insured as a…