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McCLAIN v. ATWATER

No. SC11-1452.

110 So.3d 892 (2013)

Martin J. McCLAIN, Appellant, v. Hon. Jeffrey H. ATWATER, etc., Appellee.

Supreme Court of Florida.

March 21, 2013.

Attorney(s) appearing for the Case

Martin J. McClain of McClain & McDermott, P.A., Wilton Manors, FL, for Appellant.

Lori L. Jobe and Richard T. Donelan, Jr. , Florida Department of Financial Services, Tallahassee, FL, for Appellee.

PER CURIAM.

This case arises from the denial of a motion for reimbursement of investigative fees in a capital postconviction proceeding, where the investigative fees exceeded the statutory cap for investigative expenses by an additional $1,844.1 The Florida Department of Financial Services (DFS) denied payment based solely on the fact that the expenses exceeded the statutory cap for investigative expenses. DFS takes the position that it...

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