ALLEN PARKER, APPELLANT,

v.

STATE OF FLORIDA, APPELLEE

Citator

Cited By

• Modine Mfg. Co. v. ABC Radiator, Inc., 367 So. 2d 232 (Fla. 3d DCA 1979)
  …of North Palm Beach, 302 So. 2d 130 (Fla. 1974) 1; see also State ex rel. Dowling Co. v. Parks, 99 Fla. 1264, 128 So. 837 (1930); Rinker Materials Corporation v. Holloway Materials Corporation, 175 So. 2d 564 (Fla. 2d DCA 1965), and Estate of Maxcy, 280 So. 2d 10 (Fla. 2d DCA 1973). The question is presented: Do the circumstances of this case warrant an exception to the rule? We hold that they do not. The route taken by the trial court on remand completely changed the nature of the case. On the first appeal…
• Milton v. R.C. Keith, 503 So. 2d 1312 (Fla. 3d DCA 1987)
  …t, it is necessary first to obtain leave from appellate court.) Therefore, the trial court’s refusal to enforce our previous mandate, and its conclusion that our mandate was a nullity, constitutes error requiring reversal. See In re Maxcy’s Estate, 280 So. 2d 10 (Fla. 2d DCA 1973) (where trial court on remand of case after reversal by appellate court failed to comply with mandate of appellate court, trial court’s order would be reversed.) For the foregoing reasons and based upon the authorities cited, the…
• Shappell v. Guardianship OF Stanley A. Naybar, 876 So. 2d 690 (Fla. 2d DCA 2004)
  …CLE 4th ed.2002). However, just as due process of law requires notice to interested parties and an opportunity to be heard before the court rules on a 'contested petition for fees in an estate administration, Maxcy v. Brett (In re Estate of Maxcy), 280 So. 2d 10, 11 (Fla. 2d DCA 1973), Breed v. Nye (In re Estate of Nye), 263 So. 2d 252, 253 (Fla. 2d DCA 1972), these requirements of due process apply equally to a contested petition for fees in a guardianship proceeding. Additionally, even in-the absence of a…