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HomeMy WebLinkAbout0647 challenged by the State except for routine cross examination which left his testimony unshaken. It is difficult to fault the trial jud~e for accepting same, although he is obviously not bound to do so. Oolite "One", supra, at 702. We are of the opinion that if the State wishes to successfully oppose such expert testimony it should produce contra evidence to bolster its position. It did not do so in this case, but instead is asking us to substitute our version of a justifiable fee for that ~f th~ ~r~al jud~e wh~ heard the c~se and was ~~le . evaluate all the criteria set forth under the statute. Such a substitute of judgment is improper unless a ciear abuse of discretion is shown. Canal Authority v. Ocala Manufacturing Ice and Packing Co., 253 So.2d 995 (Fla. 1DCA 1971); Division of Adr.iinistration, State Department of Transportation v. Condominium International, 317 So.2d 811 (Fla. 3DCA 1975). In additior. we would comment that political subdivisions would largely avoid much of these fees and costs, by making more realistic appraisals of the land to be condemned. In this case, they were 212$ wrong, according to the verdict. i In conclusion, it is our view that if attorneys fees in i . j condemnation suits are to be calculateci only~on an hourly basis, - i - i this should be clearly spelled out by the leqislature.l It should i ~ not be left to the courts to engraft mandatory hourly rates onto ~ ~ a statute which specifically does not restrict itseif to same, ~ unless the fee is blatant and outraqeous as, for example, it cZearly was in Oolite "One", supra, (i.e. $946.00 per hour). ~ In fact, we are of the opinion that if we set a mandatory hourly ~ ~ rate we are acting in derogation of the statute. r ~ Rightly or wrongly, the public gorge is rising over the ~ ~ size of attorneys fees and the profession faces more and more ~ politically attractive legislative curtailment of fees, unless ~ ~ ~ If such be done, it is to be hoped that the other experts, in- ; ~ cluding the appraisers be likewise required to account for ' their time, on an hourly basis, for one grows weary of only ~ attorneys being type cast as buccaneers. ~ ~ ~ -6- ~ ~ ~ ~ ~ . BOGK 282 PAGE 639 ~ . ~ ~ ~ - .