NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING
MOTION AND, IF FILED, DETERMINED
IN THE DISTRICT COURT OF APPEAL
THE FLORIDA BOARD OF EDUCATION,
acting by and through the UNIVERSITY OF
Case No. 2D07-5543
Opinion filed April 22, 2009.
Appeal from the Circuit Court for Hillsborough
County; James D. Arnold, Judge.
Wendolyn S. Busch and J. Meredith Wester of
Mechanik Nuccio Hearne & Wester, P.A., Lutz,
John D. Goldsmith and Brigid A. Merenda of
Trenam, Kemker, Scharf, Barkin, Frye,
O'Neill & Mullis, P.A., Tampa, for Appellee.
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. SC09-230, 2009
WL 530130 (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
Reversed and remanded with instructions.
SILBERMAN, J., and DAKAN, STEPHEN L., ASSOCIATE SENIOR JUDGE, Concur.