AROLD MERRITT, APPELLANT,

v.

THE STATE OF FLORIDA, APPELLEE

Citator

Cited By

• Billington v. L.B.A. Assocs., Inc., 777 So. 2d 1151 (Fla. 3d DCA 2001)
  …risdiction to award any costs with respect to the first action other than those specified in 1.420(d).” Id. at 748 n. 1. A cost award must be made in the same action in which a - dismissal is obtained. See Winford Lindsay and Assocs., Inc. v. Cook, 687 So. 2d 72, 73 (Fla. 5th DCA 1994). In Roundtree v. Hartford Accident & Indem., 827 So. 2d 882 (Fla. 3d DCA 1976), we invalidated an award of costs to a defendant made in the second action for costs incurred in an earlier action. This court made clear that any…
• Arold Merritt v. State, 68 So. 3d 936 (Fla. 3d DCA 2011)
  …8] counts of armed robbery, and possession of a firearm during the commission of a felony. Following a jury trial, Merritt was convicted and sentenced to life in prison. His convictions and sentences were affirmed on direct appeal. Merritt v. State, 687 So. 2d 72 (Fla. 3d DCA 1997). On September 29, 2009, Merritt filed the instant motion for postconviction relief, based upon newly-discovered evidence. Merritt attached to his motion three affidavits, the averments of which we summarize as follows: 1. Affida…

Authorities Cited

• State v. DiGUILIO, 491 So. 2d 1129 (Fla. 1986)
• Ferguson v. State, 417 So. 2d 639 (Fla. 1982)