BILLY CULPEPPER, APPELLANT,

v.

THE STATE OF FLORIDA, APPELLEE

Citator

Cited By

• Shuck v. Smalls, 101 So. 3d 924 (Fla. 4th DCA 2012)
  …Worth, 956 So. 2d 509, 510 (Fla. 4th DCA 2007). While an appellate court’s prior denial of appellate fees under section 57.105 is the law of the case for appellate level fees, it is not the law of the case for trial level fees. Labbee v. Harrington, 957 So. 2d 1188, 1189 (Fla. Bd DCA 2007). Here, our prior denial of appellate fees under section 57.105 on the tax apportionment issue was not the law of the case as to trial level fees.4 Any of appellants’ other arguments not specifically addressed in this opinio…
• Laurence McNAMARA v. City OF Lake Worth, 956 So. 2d 509 (Fla. 4th DCA 2007)
  …y’s fees. After the case was remanded, Harrington asserted that the trial court was obligated to vacate a prior award of appellate and trial level attorney’s fees because the Third District’s ruling was the law of the case. See Labbee v. Harrington, 957 So. 2d 1188 (Fla. 3d DCA Mar. 7, 2007) (“Labbee II”). Thereafter, the trial court denied Labbee’s motion for section 57.105 trial and appellate level attorney’s fees. See id. The Third District held during the subsequent appeal that the prior denial of appellat…
• Williams v. Cadlerock Joint Venture LP, 14 So. 3d 292 (Fla. 4th DCA 2009)
  …N, J., concur. . 912 So. 2d at 569. . See McNamara v. City of Lake Worth, 956 So. 2d 509 (Fla. 4th DCA 2007) (denial of appellate attorney fees in prior appeal did not preclude award of trial level attorney fees as sanction); Labbee v. Harrington, 957 So. 2d 1188 (Fla. 3d DCA 2007) (DCA denial in prior appeal of appellate attorney fees under § 57.105(1) was not law of the case as to entitlement to attorney fees for losing party’s conduct in trial court). .See Hittel. v. Rosenhagen, 492 So. 2d 1086, 1089-90…

Authorities Cited

• Parks v. State, 944 So. 2d 1230 (Fla. 5th DCA 2006)