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MARKS v. STATE, DEPT. OF LEGAL AFFAIRS

No. 4D05-3581.

937 So.2d 1211 (2006)

Mark MARKS and Beatrice Marks, Appellants, v. STATE of Florida, DEPARTMENT OF LEGAL AFFAIRS, Appellee.

District Court of Appeal of Florida, Fourth District.

September 20, 2006.

Attorney(s) appearing for the Case

Irene Porter of Hicks & Kneale, P.A., Miami, for appellants.

Charles J. Crist, Jr., Attorney General, Tallahassee, and Jeffrey M. Dikman, Assistant Attorney General, West Palm Beach, for appellee.

POLEN, J.

Appellants, Mark Marks and his wife, Beatrice Marks ("the Markses") appeal a final order denying their motion for criminal attorney's fees and costs pursuant to section 895.05(7), Florida Statutes. The Department of Legal Affairs (DLA) instituted a civil RICO action against the Markses, and the State also instituted a parallel criminal RICO action against Mark Marks. The DLA obtained a lis pendens against the...

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