Carrithers v. Cornett's Spirit of the Suwannee, Inc.

THOMAS, J.,

Specially Concurring.

I concur, but if I were writing on a blank slate, I would grant Appellee’s motion to dismiss this appeal under the authority of our recent decision in Browning v. New Hope South, 785 So.2d 732 (Fla. 1st DCA 2001), and deny any further review of the underlying appellate fee order awarded to Appellee. But the court here correctly holds that our precedent in Browning cannot be reconciled with the Florida Supreme Court’s holdings in Kaweblum v. Thornhill Estates Homeowners Ass’n, Inc., 755 So.2d 85 (Fla.2000), and Johnson v. Citizens State Bank, 537 So.2d 96…