MCCLUNG v. ESTEVEZ (2019)

District Court of Appeal of Florida, Third District.

Frank A. MCCLUNG, Jr. and Marian E. Tellman McClung, Appellant(s)/Petitioner(s), v. Elia E. ESTEVEZ, Appellee(s)/Respondent(s),

CASE NO.: 3D19-0104

Decided: January 30, 2019

Upon consideration of the application for determination of civil indigent status, petitioner Frank A. McClung, Jr. is deemed insolvent and may proceed in forma pauperis for purposes of this cause.

Petitioners seek review of certain per curiam circuit court appellate division decisions which affirmed the award of appellate attorney's fees against them regarding certain prior appeals they had taken and lost. In their petition, petitioners attack the decisions by asserting the correctness of the positions they either took in their prior appeals or could have asserted in their prior appeals. Because those matters are already final, and are outside our scope of review, and because of our constrained standard of review in this type of second tier certiorari, we deny the petition for certiorari. For similar reasons, we deny the petition for prohibition. We deny the petition for mandamus as moot.

EMAS, C.J., and LOGUE and LINDSEY, JJ., concur.

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