STATE OF FLORIDA, APPELLANT,

v.

WILLIE LEAK, APPELLEE

Citator

Cited By

• Makemson v. Martin Cnty., 491 So. 2d 1109 (Fla. 1986)
  …in order to exceed its guidelines and award a fee more nearly approaching fairness. Until this opinion, these courts have been continually reversed upon appeal. See, e.g., Wakulla County v. Davis, 395 So. 2d 540 (Fla.1981); Broward County v. Wright, 420 So. 2d 401 (Fla. 4th DCA 1982); Dade County v. Strauss, 246 So. 2d 137 (Fla. 3d [*1114] DCA 1971), cert. denied, 253 So. 2d 864 (Fla.1971), cert. denied, 406 U.S. 924, 92 S.Ct. 1793, 32 L.Ed.2d 125 (1972). We can no longer afford to ignore the message these co…
• Marion Cnty. v. Johnson, 586 So. 2d 1163 (Fla. 5th DCA 1991)
  …0 at the trial level and $2,500 at the appellate level. Early attempts by the trial courts to ignore statutory caps on attorney’s fees were reversed on appeal. See, e.g., Wakulla County v. Davis, 395 So. 2d 540 (Fla.1981); Broward County v. Wright, 420 So. 2d 401 (Fla. 4th DCA 1982); Dade County v. Strauss, 246 So. 2d 137 (Fla. 3d DCA 1971), cert. denied, 253 So. 2d 864 (Fla.1971), cert. denied, 406 U.S. 924, 92 S.Ct. 1793, 32 L.Ed.2d 125 (1972). The supreme court acted upon those messages from the trial cou…
• Martin Cnty. v. Makemson, 464 So. 2d 1281 (Fla. 4th DCA 1985)
  …Bridges and MacKenzie and, therefore, must be reversed. Id. at 952-53. Later, this court relied upon Metropolitan Dade County to uphold the constitutionality of the 1981 version of the statute and its mandatory nature in Broward County v. Wright, 420 So. 2d 401 (Fla. 4th DCA 1982). With such plethora of authority, the trial court was incorrect in awarding an excess fee to trial counsel by determining the statute to be unconstitutional. Moreover, it ignored another well-known caution sign spotlighted by th…

Authorities Cited

• State of Fla. ex rel. Wayne P. Dean, Jr. v. The Honorable John W. Booth, 349 So. 2d 806 (Fla. 2d DCA 1977)