CALVIN E. MURPH, JR., A/K/A KAREM ABDULLAH, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
The court held that attorney's fees and clerk costs cannot be assessed against an insolvent defendant without notice and a hearing.
The defendant was convicted of robbery and assessed attorney's fees and clerk costs. He argued these should not be assessed because he is insolvent.…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Assessment Of Attorney'S Fees cases and more on FLexlaw
SCHEB, Judge.
Calvin Murph appeals from his judgment and sentence for robbery with a weapon.
The final judgment assessed an attorney’s fee of $250 and clerk costs of $50 against the defendant. Because he is insolvent, Murph argues that the attorney’s fees and clerk costs should not have been assessed against him.
Attorney’s fees and costs may be assessed against a defendant adjudged insolvent after notice and hearing under section 27.56, Florida Statutes (1981). Anderson v. State, 415 So. 2d 49 (Fla. 2d DCA 1982). Here, nothing in the record indicates that Murph was given notice and an opportunity to object to the assessment of attorney’s fees and costs. Drumm v. State, 432 So. 2d 765 (Fla. 2d DCA 1983).
Accordingly, the assessment was not appropriate and is hereby stricken. Our decision is without prejudice to the state to assess these fees and costs in accordance with the procedures outlined in section 27.-56.
We see no merit in Murph’s other contentions; therefore, in all other respects, the judgment and sentence is affirmed.
GRIMES, A.C.J., and CAMPBELL, J., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Drumm v. State, 432 So. 2d 765 (Fla. 2d DCA 1983)
- Zdenka Slomovic v. McLOON, 415 So. 2d 49 (Fla. 4th DCA 1982)
- Anderson v. State, 415 So. 2d 49 (Fla. 2d DCA 1982)