ZARRA v. Burke

Once again,1 the issue sought to be raised is the proper interpretation of sections 28.241(l)(b) and 34.041(2), Florida Statutes (2008), which allow the clerk of the court to set and charge a fee for reopening a civil action that has been “previously reported as disposed of.” The problem is that the term “previously reported as disposed of’ is not defined by either statute. Given the lack of a definition, the clerk has defined the term “disposed of’ based on the definition of “disposition” contained in the Summary Reporting System Manual (SRS Manual). That manual was created by the Office of…