THERESA JEAN NORRIS, PETITIONER,
v.
DARRELL TREADWELL, RESPONDENT

Fla. | 2006-06-29
No. SC05-1326
WELLS, LEWIS, QUINCE, CANTERO, and BELL, JJ., concur., PARIENTE, C.J., and ANSTEAD, J., dissent.
934 So. 2d 1207 Florida Supreme Court (2006) Caution
Also reported at: 2012 WL 5381782
Cited by 23 cases


Opinion of the Court
PER CURIAM.

PER CURIAM.

We initially accepted jurisdiction to review Norris v. Treadwell, 907 So. 2d 1217 (Fla. 1st DCA 2005), a decision by the First District Court of Appeal certifying conflict with the Second District Court of Appeal’s decision in Swann v. Dinan, 884 So. 2d 398 (Fla. 2d DCA 2004). See art. V, § 3(b)(4), Fla. Const. We recognize that Florida Rule of Civil Procedure 1.525 was amended effective January 1, 2006, and now provides: “Any party seeking a judgment taxing costs, attorneys’ fees, or both shall serve a motion no later than 30 days after filing of the judgment, including a judgment of dismissal, or the service of a notice of voluntary dismissal.” See In re Amendments to the Fla. Rules of Civ. Pro., 917 So. 2d 176 (Fla.2005). We therefore exercise our discretion and discharge jurisdiction. Accordingly, this review proceeding is dismissed.

It is so ordered.

WELLS, LEWIS, QUINCE, CANTERO, and BELL, JJ., concur. PARIENTE, C.J., and ANSTEAD, J., dissent.


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  • Barco v. Sch. Bd. OF Pinellas Cnty., 975 So. 2d 1116 (Fla. 2008)
    …927 So. 2d 66 (Fla. 3d DCA), review dismissed, 945 So. 2d 1289 (Fla.2006), Swift v. Wilcox, 924 So. 2d 885 (Fla. 4th DCA 2006), review denied, 949 So. 2d 199 (Fla.2007), and Norris v. Treadwell, 907 So. 2d 1217 (Fla. 1st DCA 2005), review dismissed, 934 So. 2d 1207 (Fla.2006). The conflict issue involves the proper interpretation of the time deadlines governing the service of motions for costs and attorneys’ fees pursuant to Florida Rule of Civil Pro [*1118] cedure 1.525 as it existed in 2004.1 All of the dist…
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  • Ault v. State, 53 So. 3d 175 (Fla. 2010)
    …rocess right to be present at all "critical stages” of trial. See Muhammad, 782 So. 2d at 351 (finding jury selection to be a critical stage of trial for which a defendant has a due process right to be present). Ault argues that in Rodgers v. State, 934 So. 2d 1207, 1216 (Fla.2006), this Court found a due process right to be present during an in-chambers discussion between the two defense attorneys and the trial judge concerning counsels’ internal disagreement over the cross-examination of defense wit [*203] n…
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  • Triplett v. State, 947 So. 2d 702 (Fla. 5th DCA 2007)
    …urbed on appellate review absent an abuse of that discretion. Discretion is abused when the judicial action taken is arbitrary, fanciful, unreasonable, or when no reasonable person would adopt the view taken by the trial court. See Rodgers v. State, 934 So. 2d 1207, 1222 (Fla.), cert. denied, _ U.S. _, 127 S.Ct. 728, 166 L.Ed.2d 566 (2006); Brooks v. State, 918 So. 2d 181, 188 (Fla.2005), cert. denied, _ U.S. _, 126 S.Ct. 2294, 164 L.Ed.2d 820 (2006); Fitzpatrick v. State, 900 So. 2d 495, 514 (Fla.2005); Huff…

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