LEOPOLDO
v.
BROWARD COUNTY, FLORIDA
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This is a post-judgment motion in a civil case where the District Court adopted a Magistrate Judge's recommendation and granted Broward County's motion to tax costs in the amount of $2,345.60. The case involves a procedural cost-shifting determination with no substantive legal issues presented.
The Court granted Broward County's Motion to Tax Costs and awarded $2,345.60 in costs to the defendant. The Magistrate Judge's factual findings and conclusions were adopted without modification.
“As no timely objections were filed, the Magistrate Judge's factual findings in the Report are hereby adopted and deemed incorporated into this opinion.”
Establishes that absent objections, the magistrate judge's findings are automatically adopted by the district court.
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Join FLexlaw to unlock all legal intelligenceDefendant Broward County, Florida filed a Motion to Tax Costs on August 19, 2024. The Magistrate Judge issued a Report and Recommendation on September…
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THIS CAUSE is before the Court upon Defendant Broward County, Florida’s Motion to Tax Costs, filed August 19, 2024 [DE 63] and the September 24, 2024 Report and Recommendation of Magistrate Judge Patrick M. Hunt (the “Report”) [DE 77]. The Court notes that no objections to the Report [DE 77] have been filed, and the time for filing such objections has passed. As no timely objections were filed, the Magistrate Judge’s factual findings in the Report are hereby adopted and deemed incorporated into this opinion. LoConte v. Dugger, 847 F. 2d 745, 749-50 (11th Cir. 1988), cert. denied, 488 U.S. 958 (1988); RTC v. Hallmark Builders, Inc., 996 F. 2d 1144, 1149 (11th Cir. 1993).
Although no timely objections were filed, the Court has conducted a de novo review of the Report and record and is otherwise fully advised in the premises. The Court agrees with the Magistrate Judge’s analysis and conclusions.
Accordingly, it is ORDERED AND ADJUDGED as follows: 1. The Report [DE 77] is hereby ADOPTED and APPROVED; 2. Defendant’s Motion to Tax Costs [DE 63] is hereby GRANTED. Defendant is awarded $2,345.60 in costs. DONE AND ORDERED in Chambers at Fort Lauderdale, Broward County, Florida, this 15th day of October 2024.
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VILLIAM P. DIMITROULEAS
Copies to: United States District Judge Counsel of record
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Authorities Cited
- Resolution Tr. Corp. v. Hallmark Builders, Inc., 996 F.2d 1144 (11th Cir. 1993)
- LoConte v. Dugger, 488 U.S. 958 (U.S. 1988)