Legal Opinion

Beckford v. Drogan

District Court of Appeal of Florida

Decided January 27, 2017No. 4D16-947PublishedCited by 2 opinions

1Opinion of the Court

On En Banc Consideration of Appellee’s Motion for Attorney’s Fees

2Per curiam

The appellee moved for attorney’s fees in this paternity action. We grant the ap-pellee’s motion, and as fashioned below, we recede from Gilbertson v. Boggs, 743 So.2d 123 (Fla. 4th DCA 1999). We now apply the plain meaning of the first sentence of section 742.045, Florida Statutes (2016), which has remained identically worded for more than 25 years.

The statute was and remains unambiguous and, in fact, is crystal clear. This court has neither the function nor prerogative to speculate on—or engage in—construction of a statute…

3Cases cited2 opinions

  1. Starkey v. LinnDistrict Court of Appeal of Florida · 1999
  2. B.K. v. S.D.C.District Court of Appeal of Florida · 2013

4Cited by2 opinions

  1. State of Florida v. Damani SpencerSupreme Court of Florida · 2017
  2. McNulty v. BowserDistrict Court of Appeal of Florida · 2018

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