Riviera Beach Confidential: Fourth DCA Rejects Notion of Privilege for Confidential Informants

City of Riviera Beach v. State of Florida Case No. 4D10-4522 The office of the state attorney subpoenaed information from the City of Riviera Beach that included the names of confidential informants the City had used. The trial court ordered the City to comply with the subpoena. The City filed a petition for writ of certiorari...

State Taxation of Gasoline Sales Outside of Indian Lands Does Not Violate Indian Commerce Clause of U.S. Constitution

Florida Dep’t of Revenue v. Seminole Tribe of Florida, 4D10-456 June 22, 2011 The issue of the taxability of gasoline sales to the Seminole Tribe made off the reservation was presented to the Fourth District Court of Appeal. The trial court granted the Seminole Tribe’s motion for summary judgment while denying the Department of Revenue’s (“DOR”)...

Entitlement to Attorneys’ Fees Awarded Following Grant of Motion to Dismiss

Florida Rule of Appellate Procedure 9.400(b) states: A motion for attorneys’ fees may be served not later than the time for service of the reply brief and shall state the grounds on which recovery is sought. The assessment of attorneys’ fees may be remanded to the lower tribunal. If attorney’s fees are assessed by the...