LLOYD F. BELL, JR., AND HIS WIFE, ANN W. BELL, APPELLANT,
v.
DESTIN TOWERS CONDOMINIUM OWNERS ASSOCIATION, INC., APPELLEE
LLOYD F. BELL, JR., AND HIS WIFE, ANN W. BELL, APPELLANT,
DESTIN TOWERS CONDOMINIUM OWNERS ASSOCIATION, INC., APPELLEE
704 So. 2d 1145
Florida District Court of Appeal, First District (1998)
Positive Treatment
Cited by 4 cases
Opinion of the Court
PER CURIAM.
This court previously dismissed a portion of this appeal, citing City of Haines City v. Allen, 509 So. 2d 982 (Fla. 2d DCA 1987), in effect ruling that appellants’ counterclaim was compulsory. For that reason, the award of attorneys’ fees, which is the subject of the remaining orders on appeal in these consolidated cases, was premature. Therefore, we VACATE those two orders, and REMAND with instructions to withhold entry of the orders until the litigation has been fully resolved. See Martinez v. Marin, 700 So. 2d 439 (Fla. 3d DCA 1997).
BOOTH, JOANOS and VAN NORTWICK, JJ., concur.
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Dinardo v. State, 742 So. 2d 287 (Fla. 1st DCA 1998)…and that the trial court has considered at least the four factors specified in clauses ad of section 916.107(3)(a)3. See also Hills v. State, 706 So. 2d 103 (Fla. 1st DCA 1998); Moreland v. State, 706 So. 2d 71 (Fla. 1st DCA 1998); Simpson v. State, 704 So. 2d 1145 (Fla. 1st DCA 1998). Below, the testimony of appellant’s attending psychiatrist, who was also a member of appellant’s treatment team, provided the evidence to substantiate compliance with the requirements of the statute. We note that this psychiatri…
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Moreland v. State, 706 So. 2d 71 (Fla. 1st DCA 1998)…6, was that which was authorized under section 916.107(3)(a)2, Florida Statutes (Supp.1996), after such treatment was deemed necessary by the patient’s “multidisciplinary treatment team at the forensic facility.” See Vaughn, supra; Simpson v. State, 704 So. 2d 1145 (Fla. 1st DCA 1998); Meeker. Although some evidence in the record arguably supports the trial court’s finding that the dialysis treatment in question was essential and necessary, the record contains no evidence whatsoever that there was a “multidisc…
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Thero v. State, 705 So. 2d 712 (Fla. 1st DCA 1998)…. We reverse and remand the appealed order for further proceedings consistent with this court’s earlier holdings in Vaughn v. State, 705 So. 2d 951 (Fla. 1st DCA 1998); Meeker v. State, 584 So. 2d 169 (Fla. 1st DCA 1991). See also Corbit v. State, 704 So. 2d 1145 (Fla. 1st DCA 1998); Simpson v. State, 704 So. 2d 1145 (Fla. 1st DCA 1998). JOANOS, MINER and WEBSTER, JJ., concur.…1 / 2
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- City OF Haines City v. Allen, 509 So. 2d 982 (Fla. 2d DCA 1987)
- Martinez v. Marin, 700 So. 2d 439 (Fla. 3d DCA 1997)