HAROLD THOMAS FLICKINGER, PETITIONER,
v.
STATE OF FLORIDA, RESPONDENT

Fla. | 1970-11-16
No. 40237
ERVIN, C. J., and ROBERTS, CARLTON, ADKINS and BOYD, JJ., concur.
240 So. 2d 815 Florida Supreme Court (1970) Positive Treatment
Cited by 5 cases

Opinion of the Court

Certiorari denied. 238 So.2d 525.

ERVIN, C. J., and ROBERTS, CARLTON, ADKINS and BOYD, JJ., concur.


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  • The Sch. Bd. OF Flagler Cnty. v. Hauser, 293 So. 2d 681 (Fla. 1974)
    …teacher’s failure to exhaust administrative remedies; accordingly, the mandamus cause was dismissed. This was affirmed per curiam by the district court of appeal (Barasa v. Board of Public Instruction, 238 So. 2d 304) and we denied certiorari (Fla., 240 So. 2d 815). Despite this proper holding determinative of the matter, the circuit court persisted in proceeding in the declaratory action, denied the motion to dismiss therein, whereupon the school board filed a general denial and affirmatively alleged the fi…
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    …t discretion. Warner v. Caldwell, 354 So. 2d 91 (Fla.3d DCA 1977), cert. denied, 361 So. 2d 836 (Fla.1978); White v. Means, 280 So. 2d 20 (Fla. 1st DCA 1973); General Capital Corp. v. Tel Service Co., Inc., 239 So. 2d 134 (Fla.2d DCA), cert. denied, 240 So. 2d 815 (Fla.1970). Appellant Puder has not clearly demonstrated that the trial court abused that discretion by taxing costs in favor of the successful third party defendants, who were brought into the lawsuit by Puder, and refusing to charge such costs aga…
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    …at there had been no prevailing party and denied all costs. A trial court’s decision on issues involved in a motion to tax appellate costs is largely discretionary. General Capital Corp. v. Tel Serv. Co., 239 So. 2d 134 (Fla. 2d DCA), cert. denied, 240 So. 2d 815 (Fla.1970). This court reviews such a decision only to determine whether a trial court applied the correct law and whether it abused its discretion. Generally, in deciding who is the prevailing party for awarding attorneys’ fees and trial costs, th…

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