Maynard v. Florida Board of Education ex rel. University of South Florida

District Court of Appeal of Florida

Maynard v. Florida Board of Education ex rel. University of South Florida

19 So. 3d 347, 2009 Fla. App. LEXIS 3443

CourtDistrict Court of Appeal of Florida

DecidedApril 22, 2009

DocketNo. 2D07-5543

StatusPublished

Cited by1 cases

This text of 19 So. 3d 347 (Maynard v. Florida Board of Education ex rel. University of South Florida) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Maynard v. Florida Board of Education ex rel. University of South Florida, 19 So. 3d 347, 2009 Fla. App. LEXIS 3443 (Fla. Ct. App. 2009).

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Opinion

DAVIS, Judge.

Donald Maynard challenges the trial court’s order awarding attorneys’ fees in the amount of $148,568 to The Florida Board of Education, acting by and through the University of South Florida. In Maynard v. Florida Board of Education ex rel. University of South Florida, 998 So.2d 1201 (Fla. 2d DCA), review denied, No. SC09-280, 6 So.3d 51, 2009 WL 580130 (Fla. Mar. 03, 2009), this court reversed the trial court’s denial of Maynard’s motion for new trial and remanded the matter for further consideration. In light of that reversal, the parties concede that reversal of the fee order generated from that appeal is also required. See Wagner v. Uthoff, 868 So.2d 617, 618-19 (Fla. 2d DCA 2004). Accordingly, we reverse the order awarding attorneys’ fees and remand for any further consideration necessary once the trial court has readdressed Maynard’s motion for new trial.

Reversed and remanded with instructions.

SILBERMAN, J., and DAKAN, STEPHEN L., Associate Senior Judge, Concur.

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DAVIS, Judge.

Donald Maynard challenges the trial court’s order awarding attorneys’ fees in the amount of $148,568 to The Florida Board of Education, acting by and through the University of South Florida. In Maynard v. Florida Board of Education ex rel. University of South Florida, 998 So.2d 1201 (Fla. 2d DCA), review denied, No. SC09-280, 6 So.3d 51, 2009 WL 580130 (Fla. Mar. 03, 2009), this court reversed the trial court’s denial of Maynard’s motion for new trial and remanded the matter for further consideration. In light of that reversal, the parties concede that reversal of the fee order generated from that appeal is also required. See Wagner v. Uthoff, 868 So.2d 617, 618-19 (Fla. 2d DCA 2004). Accordingly, we reverse the order awarding attorneys’ fees and remand for any further consideration necessary once the trial court has readdressed Maynard’s motion for new trial.

Reversed and remanded with instructions.

SILBERMAN, J., and DAKAN, STEPHEN L., Associate Senior Judge, Concur.

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19 So. 3d 347, 2009 Fla. App. LEXIS 3443, Counsel Stack Legal Research, https://law.counselstack.com/opinion/maynard-v-florida-board-of-education-ex-rel-university-of-south-florida-fladistctapp-2009.

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