ANDREA J. DEMELLO, INDIVIDUALLY AND AS TRUSTEE OF THE JEROME ADAMS TRUST, AND IRENE V. ADAMS TRUST, APPELLANT,
v.
JOYCE A. BUCKMAN, APPELLEE

Fla. 4th DCA | 2005-11-23
No. 4D04-1351
STEVENSON, C.J., TAYLOR and HAZOURI, JJ., concur.
914 So. 2d 519 Florida District Court of Appeal, Fourth District (2005) Positive Treatment
Cited by 3 cases

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Opinion of the Court
PER CURIAM.

PER CURIAM.

This appeal involves the trial court’s award of attorney’s fees and costs in a dispute between two sisters regarding their parents’ trusts. In a separate appeal, this court reversed in part and affirmed in part the final judgment in this case. Demello v. Buckman, No. 4D03-3759, 916 So. 2d 882, 2005 WL 2990487 (Fla. 4th DCA Nov.9, 2005). As a result of this court’s decision in the final judgment appeal, the order awarding attorney’s fees was reversed and remanded for reconsideration of whether Buckman prevailed on the significant litigated issues.

Accordingly, we reverse this ease as well. In light of the disposition of the appeal of the final judgment, we reverse and remand this ease for reconsideration of the trial court’s award of attorney’s fees and costs.

Reversed and Remanded.

STEVENSON, C.J., TAYLOR and HAZOURI, JJ., concur.


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Cited By

  • Stahl v. State, 972 So. 2d 1013 (Fla. 2d DCA 2008)
    …e 3.850 motion, finding that Stahl entered into a negotiated plea agreement in which he waived his right to file postconviction motions. “No Florida rule of criminal procedure directly controls a post-conviction sentencing bargain.” Leach v. State, 914 So. 2d 519, 522 (Fla. 4th DCA 2005). However, “[a] defendant may waive constitutional, statutory, or procedural rights during the criminal process.” Id. at 521 (citing Miranda v. Arizona, 384 U.S. 436, 86 S.Ct. 1602, 16 L.Ed.2d 694 (1966)). After a jury’s find…
  • Jabier Vargas v. State, 63 So. 3d 47 (Fla. 3d DCA 2011)
    …he understood that “nothing going to the Third District and the Court of Appeals” meant that he could not seek postconviction relief.7 A waiver of postconviction rights, to be valid, must be knowingly and voluntarily made. See, e.g., Leach v. State, 914 So. 2d 519 (Fla. 4th DCA 2005) (upholding waiver of appellate rights where colloquy reflected that waiver was announced on the record by counsel, court permitted defendant to consult with attorney regarding waiver, then questioned defendant and determined that…
  • Gabby Tennis v. State, 125 So. 3d 294 (Fla. 4th DCA 2013)
    …nvoluntarily entered. The trial court treated this as a successive rule 3.850 motion and denied relief. We affirm for different reasons. “No Florida rule of criminal procedure directly controls a post-conviction sentencing bargain.” Leach v. State, 914 So. 2d 519, 522 (Fla. 4th DCA 2005); see also Stahl v. State, 972 So. 2d 1013, 1015 (Fla. 2d DCA 2008). We analogize a motion to withdraw from a sentencing bargain to a motion to withdraw from a plea. Leach, 914 So. 2d at 523. As a result, in determining wheth…

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