Did the county court erred in excluding the testimony of Moore, Tipps designated expert witness?
Tipp had designated Moore an expert witness based on his background as a long time trust administrator and head of a commercial trust department. Maynard objected to Moore’s testimony, claiming that his testimony would not address factual issues that would assist the trier of fact and that he was not qualifed as an expert due to his absence from trust administration. The court sustained the objection but allowed Moore to testify as an offer of proof. In a written order, the court excluded Moore’s testimony, finding Moore’s testimony will not be helpful to the trier of fact because it consists only of an opinion which is nothing more than an expression of how the Court should decide the case. The Court concluded that the county court did not abuse its discretion in excluding Moore’s testimony. On cross-appeal Was there error in the county court’s ordering Tipp’s attorney fees to be paid from the trust? The county court said that the real problem in this case was the Trustee was put in t
