PAUL J. BARCO, APPELLANT,
v.
SCHOOL BOARD OF PINELLAS COUNTY, APPELLEE
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PER CURIAM.
Paul J. Barco appeals the trial court’s order that denied his motion to tax costs. The trial court denied the motion because it was not served within “30 days after the filing of the judgment” in accordance with the initial version of Florida Rule of Civil Procedure 1.525. We affirm the trial court’s order. See Swann v. Dinan, 884 So. 2d 398, 399 (Fla. 2d DCA 2004). However, we certify direct conflict with the following decisions: Martin Daytona Corp. v. Strickland Construction Services, 941 So. 2d 1220, 1225-26 (Fla. 5th DCA 2006); Byrne-Henry v. Hertz Corp., 927 So. 2d 66, 68 (Fla. 3d DCA 2006); Swift v. Wilcox, 924 So. 2d 885, 887 (Fla. 4th DCA 2006); and Norris v. Treadwell, 907 So. 2d 1217, 1218-19 (Fla. 1st DCA 2005), review dismissed, 934 So. 2d 1207 (Fla.2006).
Affirmed; conflict certified.
ALTENBERND, STRINGER, and WALLACE, JJ., Concur.
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Jones v. State, 998 So. 2d 573 (Fla. 2008)…istrict Court of Appeal has found facially sufficient a rule 3.850 motion alleging ineffectiveness of defense counsel who did not object when the defendant stood in front of the jury panel for identification purposes while shackled. Hodges v. State, 946 So. 2d 1244 (Fla. 4th DCA 2007). That court similarly found sufficient a rule 3.850 motion alleging defense counsel did not object when the defendant appeared at trial in prison attire and leg shackles. Jensen v. State, 964 So. 2d 812 (Fla. 4th DCA 2007). The F…
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Barco v. Sch. Bd. OF Pinellas Cnty., 975 So. 2d 1116 (Fla. 2008)…PARIENTE, J. Paul Barco seeks review of the decision of the Second District Court of Appeal in Barco v. School Board of Pinellas County, 946 So. 2d 1244 (Fla. 2d DCA 2007), in which the court certified conflict with the decisions of the other district courts of appeal in Martin Daytona Corp. v. Strickland Construction Services, 941 So. 2d 1220 (Fla. 5th DCA 2006), Byrne-Henry v. Hertz Corp., 927 So.…
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Torres v. State, 9 So. 3d 746 (Fla. 4th DCA 2009)…1018 (Fla.2006). When the record does not refute the defendant’s claims and no evidentiary hearing is held, the trial court must accept the defendant’s factual allegations as true. Freeman v. State, 761 So. 2d 1055, 1061 (Fla.2000); Hodges v. State, 946 So. 2d 1244 (Fla. 4th DCA 2007). A defendant cannot be compelled, over objection, to stand trial in shackles unless necessary to prevent an escape, a disturbance, or potential injury. Deck v. Missouri, 544 U.S. 622, 626-32, 125 S.Ct. 2007, 161 L.Ed.2d 953 (200…
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- Norris v. Treadwell, 934 So. 2d 1207 (Fla. 2006)
- Swann v. Anne K. Dinan, 884 So. 2d 398 (Fla. 2d DCA 2004)
- Norris v. Treadwell, 907 So. 2d 1217 (Fla. 1st DCA 2005)
- Swift v. Wilcox, 924 So. 2d 885 (Fla. 4th DCA 2006)
- Jones v. State, 941 So. 2d 1220 (Fla. 1st DCA 2006)
- Byrne-Henry v. The HERTZ Corp. & Stella Chin, 927 So. 2d 66 (Fla. 3d DCA 2006)
- Rodgers v. State, 934 So. 2d 1207 (Fla. 2006)