JAMES L. BAKER, TRUSTEE, APPELLANT,

v.

CITY OF SATELLITE BEACH, A MUNICIPAL CORPORATION IN THE STATE OF FLORIDA, APPELLEE

Citator

Cited By

• McGURN v. Scott, 596 So. 2d 1042 (Fla. 1992)
  …., 526 So. 2d 215 (Fla. 5th DCA 1988); C.B.T. Realty Corp. v. St. Andrews Cove I Condominium Ass’n, Inc., 508 So. 2d 409 (Fla. 2d DCA 1987); Dade County v. Davidson, 418 So. 2d 1231 (Fla. 3rd DCA 1982); Ruby Mountain Constr. & Dev. Corp. v. Raymond, 409 So. 2d 525 (Fla. 5th DCA 1982). The rationale behind these decisions is that an award of attorneys’ fees or costs is ancillary to, and does not interfere with, the subject matter of the appeal and, thus, is incidental to the main adjudication. McGurn contends…
• Amlan, Inc. v. Detroit Diesel Corp., 651 So. 2d 701 (Fla. 4th DCA 1995)
  …covery abuses are directly intertwined with the issues involved in the motion for discovery sanctions, the trial court properly declined to consider the motion during the pendency of the appeal. Compare Ruby Mountain Constr. & Dev. Corp. v. Raymond, 409 So. 2d 525 (Fla. 5th DCA 1982). On remand the trial court may properly consider the previously-filed motion for sanctions. The appeal and cross-appeal are affirmed with directions to the trial court to consider the motion for sanctions upon remand. POLEN, J.…
• Finst Dev., Inc. v. Bemaor, 449 So. 2d 290 (Fla. 3d DCA 1983)
  …DCA 1981). Since the act of taxing attorneys’ fees and costs does not affect or interfere with the subject matter of the appeal, Dade County v. Davidson, 418 So. 2d 1231 (Fla. 3d DCA 1982); Ruby Mountain Construction & Development Corp. v. Raymond, 409 So. 2d 525 (Fla. 4th DCA 1982); Bailey v. Bailey, 392 -So. 2d 49, the trial court had jurisdiction to 'enter a judgment therefor, unless as Finst contends, the posting of a bond superseding the first judgment deprived it of jurisdiction. Finst relies on El Pr…