PRECISION TRAFFIC COUNTING, INC. v. HARLIS R. ELLINGTON CONSTRUCTION, INC.
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IN THE DISTRICT COURT OF APPEAL FIRST DISTRICT, STATE OF FLORIDA PRECISION TRAFFIC COUNTING, INC., a Florida corporation, a/k/a BUCKHOLZ TRAFFIC, Appellant/Cross-Appellee, NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED CASE NOS. 1D03-2465, 1D03-4115, 1D034223, 1D03-4537 v. HARLIS R. ELLINGTON CONSTRUCTION, INC., a Florida corporation, and MARKEL INSURANCE COMPANY, an Illinois corporation, Appellees/Cross-Appellants. ___________________________/ Opinion filed August 4, 2005. An appeal from the Circuit Court for Duval County. Peter J. Fryefield, Judge. Robert Aguilar of Smith, Aguilar & Sieron, P.A., Orange Park; and Michael J. Korn of Korn & Zehmer, Jacksonville, for Appellant/Cross-Appellee. David L. Worthy and Peter A. Robertson, Gainesville, for Appellees/CrossAppellants. PER CURIAM. Because the appellees were the prevailing parties, and because we are unable to discern from the record the trial court s rationale for disallowing appellees request for costs in the amount of $8,856.13 for the expert testimony of Cloyce Darnell, we reverse the trial court s order on appellees motion for costs and remand with directions to grant appellees an additional $8,856.13. In all other respects, we affirm. AFFIRMED in part; REVERSED in part; REMANDED with directions to grant appellees an additional $8,856.13 in costs. DAVIS, BENTON and VAN NORTWICK, JJ., CONCUR.
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