INTERNATIONAL MARINE CO-OP, LTD., ETC., PETITIONER,
v.
CENTRO NAUTICO REPRESENTACOES NAUTICAS, LDA, ETC., ET AL., RESPONDENTS
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PARIENTE, J.
We have for review a decision certifying the following question to be of great public importance:
Is a contingency risk multiplier inapplicable to a court awarded attorney’s fee where the only authority for fees is predicated on a contractual provision and not a statute?
Centro Nautico Representacoes Nauticas, LDA. v. International Marine Co-op, Ltd,., 719 So. 2d 967, 971 (Fla. 4th DCA 1998). We have jurisdiction. See art. V, § 3(b)(4), Fla. Const. We recently answered the same certified question in the negative in Bell v. U.S.B. Acquisition, 734 So. 2d 403, 405 (Fla.1999). Accordingly, we quash Centro Náutico solely on the issue of the applicability of a contingency risk multiplier and remand to the district court for proceedings consistent with this opinion.1
It is so ordered.
HARDING, C.J., and SHAW, WELLS, ANSTEAD, LEWIS and QUINCE, JJ., concur. . We decline to address the other issues raised in this case. See Heuss v. State, 687 So. 2d 823, 824 (Fla.1996).
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State v. Zina Johnson, 814 So. 2d 390 (Fla. 2002)…section 395.3025(4)(d) is to allow the patient an opportunity to object to the release of his or her medical information, thus requiring the State to show the relevancy of the records requested before the subpoena issues.”). . See Shadler v. State, 761 So. 2d 279, 284 (Fla.2000) ("[T]he exclusionary rule is a ‘judicially created remedy designed to safeguard [constitutional] rights generally through its deterrent effect.’ ”) (quoting United States v. Calandra, 414 U.S. 338, 348, 94 S.Ct. 613, 38 L.Ed.2d 561 (…
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Eldridge v. State, 817 So. 2d 884 (Fla. 5th DCA 2002)…des erroneous information to an officer and the officer stops and detains a driver based on that erroneous information, the exclusionary rule will bar admission of evidence seized as a result of the search incident to that arrest.1 Shadler v. State, 761 So. 2d 279 (Fla.), cert. denied, 531 U.S. 924, 121 S.Ct. 298, 148 L.Ed.2d 240 (2000).2 Finding that the DMV is “an integral part of law enforcement in the State of Florida,” the court in Shadier explained: Surely, the Department of Highway Safety, above all o…1 / 2
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Frierson v. State, 851 So. 2d 293 (Fla. 4th DCA 2003)…sion of evidence seized pursuant to police computer error will encourage law enforcement agencies to diligently maintain accurate and current computer records.” Id. at 667. The Florida Supreme Court came to a similar conclusion in Shadier v. State, 761 So. 2d 279 (Fla.2000). There, the court held that evidence obtained as a result of a warrant issued from erroneous records of the Department of Highway and Safety should also be suppressed. The underlying rationale for the decision in Shadier was the court’s c…
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- Bell v. U.S.B. Acquisition Co., Inc., 734 So. 2d 403 (Fla. 1999)
- Heuss v. State, 687 So. 2d 823 (Fla. 1996)
- Darrin McGILLIS v. Dep't of Child. & Fam. Servs., 719 So. 2d 967 (Fla. 3d DCA 1998)