Mr. Massey filed a legal malpractice lawsuit against Mr. David, his former lawyer in a toxic tort lawsuit that was settled before trial. Although the jury agreed that Mr. David had been negligent, it also concluded that Mr. Massey would not have recovered damages if his original lawsuit had gone to trial. The trial court ordered Mr. Massey to pay Mr. David's costs, including fees for expert witnesses. Mr. Massey argued those fees were not authorized because Mr. David had not complied with the expert fee statute. The First District Court of Appeal upheld the award of expert witness fees despite Mr. David's failure to comply with the statute because the district court concluded that the statute unconstitutionally encroached on the Florida Supreme Court's exclusive jurisdiction to adopt rules of practice and procedure for the courts. This appeal followed.