Nader + Museu I, LLLP v. Miami Dade College
After the bidder voluntarily dismissed its bid-protest suit, injunction bond funds remained in the court registry, and the trial court later entered an order acknowledging the dismissal as effective. The Third District held that because rule 1.420(a)(1) excepts actions in which property is in the custody of the court, the notice of voluntary dismissal did not by itself conclude the action, so rule 1.525's 30-day fee deadline ran from the subsequent order, making the fee motion timely.
Key facts
- Nader + Museu I, LLLP, a bidder in a procurement dispute, filed a bid-protest suit against Miami Dade College and posted an injunction bond with funds deposited in the court registry.
- After voluntarily dismissing its bid-protest suit, Nader + Museu I sought attorney's fees and costs, but more than thirty days had elapsed since service of the notice of voluntary dismissal.
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Why it matters
This clarifies a trap in Florida's 'bright-line' rule 1.525 deadline: where bond or other funds sit in the court registry, the clock does not start on service of the notice of voluntary dismissal but on the later order… — full analysis with a trial
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