Newell v. Moore

This proceeding is before us upon a motion for review pursuant to Florida Rule of Appellate Procedure 9.400(c), by which the appellant challenges a trial court order denying a Florida Rule of Appellate Procedure 9.400(a) motion for costs relating to his earlier appeal. In that appeal this court determined that the appellant had made a facially sufficient claim under Florida Rule of Civil Procedure 1.540(b), and this court reversed the trial court’s denial of that motion. See Newell v. Moore, 789 So.2d 538 (Fla. 1st DCA 2001). In thereafter denying the rule 9.400(a) costs motion the trial…