BROWARD COUNTY, AND LESTER L. BAUER, TAX COLLECTOR OF BROWARD COUNTY, FLORIDA, APPELLANTS,
v.
CONSTANCE D. COE, GERALD MCCLISH, WILLIAM C. SHOEMAKER, WILLIAM SILLS, AND GEORGE A. WOHLFORD, ON BEHALF OF THEMSELVES AND ALL OTHERS SIMILARLY SITUATED, AND WILLIAM B. MARKHAM, AS TAX ASSESSOR OF BROWARD COUNTY, FLORIDA, APPELLEES
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RIVKIND, LEONARD, Associate Judge.
This is the third appearance of this class action.1 Following receipt of the opinion and mandate rendered by this court in the second appeal, the trial judge entered a final judgment ordering a rebate of illegally collected taxes according to a plan of rebate. Appellants complain that the trial judge refused to allow appellants an opportunity to submit evidence of good faith in accordance with Gulesian v. Dade County School Board, 281 So. 2d 325 (Fla.1973). However, appellants had the opportunity to present evidence on the issue of good faith at the first evidentiary hearing prior to the last appeal. Appellants seek “two bites at the apple.” The trial judge, by entering the final judgment, correctly concluded that this court’s prior opinion neither contemplated nor authorized a second evidentiary hearing. Our prior opinion found that there was no evidence of good faith as required by Gulesian. Ergo, the final judgment of the trial court complied with the decision and mandate of this court. Somewhere the curtain must ring down on litigation.
AFFIRMED.
LETTS and MOORE, JJ., concur. . Coe v. Broward County, 327 So. 2d 69 (Fla. 4th DCA 1976), affirmed, 341 So. 2d 762 (Fla.1977). Coe v. Broward County, 358 So. 2d 214 (Fla. 4th DCA 1978).
Cases With Similar Vibessemantic neighbors from the corpus
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Marlyn Tracey v. Wells Fargo Bank, 264 So. 3d 1152 (Fla. 2d DCA 2019)…Nationwide should not be given a second bite at the apple to present evidence which it failed to produce at the scheduled evidentiary hearing. 'Somewhere the curtain must ring down on litigation.' " (citation omitted) (quoting Broward County v. Coe, 376 So. 2d 1222, 1223 (Fla. 4th DCA 1979) ) ); [*1164] Baywood Furniture Mart, Inc. v. Kennedy, 295 So. 2d 350, 353 (Fla. 2d DCA 1974) ("It has long been held that where 'there is such an insufficiency of evidence as to leave a material point in controversy uncerta…
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Wooten v. Wooten, 510 So. 2d 1033 (Fla. 2d DCA 1987)…sentation of testimony. Where the parties have had the opportunity to present evidence on an issue and have chosen not to, to remand for further evidence on the issue is to inappropriately allow them “two bites of the apple.” Bro-ward County v. Coe, 376 So. 2d 1222 (Fla. 4th DCA 1979). The established rule seems to be that a cause should not be remanded for further evidence where there is such an insufficiency of evidence as to leave a material point in controversy uncertain unless: (1) the point is covered b…
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Carlough v. Nationwide Mut. Fire Ins. Co., 609 So. 2d 770 (Fla. 2d DCA 1992)…e apple to present evidence which it failed to produce at the scheduled evidentiary hearing. See In re Forfeiture of 1987 Chev. Corvette, 571 So. 2d 594 (Fla. 2d DCA 1990). “Somewhere the curtain must ring down on litigation.” Broward County v. Coe, 376 So. 2d 1222, 1223 (Fla. 4th DCA 1979). Reversed and remanded with directions to the trial court to grant Carlough’s motion for attorney’s fees in an amount to be determined by the trial court. LEHAN, C.J., and HALL, J., concur. . Appellant relies upon subsec…
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- COE v. Broward Cnty., 358 So. 2d 214 (Fla. 4th DCA 1978)
- Broward Cnty. v. COE, 341 So. 2d 762 (Fla. 1976)
- Dade Cnty. Sch. Bd. v. Dade Cnty. Classroom Teachers' Ass'n, Inc., 281 So. 2d 325 (Fla. 1973)
- Gulesian v. Dade Cnty. Sch. Bd., 281 So. 2d 325 (Fla. 1973)
- COE v. Broward Cnty., 327 So. 2d 69 (Fla. 4th DCA 1976)