ANGLIA JACS & COMPANY, INC., A FLORIDA CORPORATION, APPELLANT,
v.
GARY DUBIN AND JOSEPH DUBIN, APPELLEES
ANGLIA JACS & COMPANY, INC., A FLORIDA CORPORATION, APPELLANT,
GARY DUBIN AND JOSEPH DUBIN, APPELLEES
783 So. 2d 1155
Florida District Court of Appeal, Fourth District (2001)
Positive Treatment
Cited by 14 cases
Opinion of the Court
PER CURIAM
We affirm the trial court’s judgment entered on the appellees’ counterclaim. As to the issue appealing the finding in the final judgment that appellees were entitled to attorney’s fees, but reserving jurisdiction to determine the amount of the fees, we dismiss the appeal without prejudice. Appellant may file a new notice of appeál upon the trial court’s setting the amount of such fees. See Ritchie v. Ritchie, 687 So. 2d 1358 (Fla. 4th DCA 1997).
POLEN, TAYLOR, JJ., and DAMOORGIAN, DORIAN K, Associate Judge, concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By (14 total)
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State v. Nelson, 26 So. 3d 570 (Fla. 2010)…dant to take affirmative action to avail him- or herself of the remedies afforded under the rule based on the State’s failure to comply with the time limitations. See State v. Clifton, 905 So. 2d 172, 175 (Fla. 5th DCA 2005) (citing State v. Gibson, 783 So. 2d 1155, 1158 (Fla. 5th DCA 2001)). When a defendant is charged within the speedy trial period, the remedy for a violation of the rale is not an automatic discharge. Rather, the remedy for the State’s failure to try a defendant within the specified time is…
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State v. Clifton, 905 So. 2d 172 (Fla. 5th DCA 2005)…al rule is not self-executing; rather, the accused must take affirmative action in order to avail himself or herself of the remedies available under the rule for the state’s failure to comply with the requisite time limitations. See State v. Gibson, 783 So. 2d 1155, 1158 (Fla. 5th DCA 2001) (“The provisions of rule 3.191 make it evident that the rule is not self executing: it requires the defendant to take certain steps to trigger application of rule 3.191(p)(3) which will either ensure a speedy trial or a dis…
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State v. Jimenez, 44 So. 3d 1230 (Fla. 5th DCA 2010)…tection and the notice may be filed at any time after the speedy trial period expires. Id. It is the filing of the notice that triggers the protection of the rule and “ensure[s] a speedy trial or a discharge from the alleged crime.” State v. Gibson, 783 So. 2d 1155, 1158 (Fla. 5th DCA 2001). While we share the concern that it is unfair for the State to file its charging document and then take no steps to serve or notify the defendant until weeks or months pass, the plain terms of the rule simply do not counte…
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- Ritchie v. Ritchie, 687 So. 2d 1358 (Fla. 4th DCA 1997)