DONALD BLINCOE, JR., APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
ERVIN, Judge.
Unlike Pope v. State, 368 So. 2d 676 (Fla. 1st DCA 1979), where we affirmed a special condition in an order of probation requiring restitution because the record did not show that notice of the proposed restitution was not given, the record here is sufficiently clear that no notice was provided appellant. Restitution was ordered at the same time of the sentencing proceeding. Appellant, convicted of grand larceny, contested the amount his employer claimed was stolen from him — unlike Pope. It is clear that notice of the proposed restitution must be provided a defendant and an opportunity afforded him to be heard on the amount of damage or loss. Fresneda v. State, 347 So. 2d 1021 (Fla.1977); Kroenke v. State, 366 So. 2d 46 (Fla. 2d DCA 1978).
The cause is remanded for the purpose of conducting a restitution hearing as required by Fresneda.
ROBERT P. SMITH, Jr., Acting C. J., and LARRY G. SMITH, J., concur.
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Gries Inv. Co. v. Chelton, 388 So. 2d 1281 (Fla. 3d DCA 1980)…int against Chelton was dismissed was not final since it contained no language indicating that the complaint was dismissed with prejudice. A dismissal need not be with prejudice to be a final order for appeal purposes. See, e. g., Tapper v. Taunton, 371 So. 2d 595 (Fla. 1st DCA 1979); National Carloading Corp. v. Gemini Transportation, Inc., 364 So. 2d 504 (Fla. 3d DCA 1978). While the dismissal here was, in fact, an adjudication on the merits, see Florida Rule of Civil Procedure 1.420(b),5 that fact, althoug…
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Hamm v. State, 403 So. 2d 1155 (Fla. 1st DCA 1981)…sue of restitution. The objection was overruled and the request was denied. The Commission later determined that the amount of restitution should include sums for damages to the victim’s house as well as for the stolen jewelry. In Blincoe v. State, 371 So. 2d 595 (Fla. 1st DCA 1979), this court addressed a situation similar to the one at bar. In Blincoe, as a condition of probation, restitution was ordered when the appellant was sentenced, without any prior notice that restitution was to be considered. We st…
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Woodson McDANIEL v. Onkey, 422 So. 2d 70 (Fla. 2d DCA 1982)…with prejudice” was improper. There is no authority for a dismissal with prejudice when such dismissal is based solely on the failure to prosecute. See Bair v. Palm Beach Newspapers, Inc., 387 So. 2d 517 (Fla. 4th DCA 1980), and Tapper v. Taunton, 371 So. 2d 595 (Fla. 1st DCA 1979). We therefore strike the words “with prejudice” [*71] from the order of dismissal. As so amended, we affirm the order of dismissal and the order refusing to vacate the dismissal or reinstate the action. OTT, C.J., and CAMPBELL…
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- Fresneda v. State, 347 So. 2d 1021 (Fla. 1977)
- DeWITT v. Rollin W. Zimmerman, 366 So. 2d 46 (Fla. 4th DCA 1978)
- Will Otis Pope v. State, 368 So. 2d 676 (Fla. 1st DCA 1979)