JOHN L. MCKENZIE, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE

Fla. 3d DCA | 1985-04-28
No. 83-2067
Before HUBBART, BASKIN and FERGUSON, JJ.
467 So. 2d 1056 Florida District Court of Appeal, Third District (1985) Negative Treatment
Cited by 6 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

We affirm the order revoking probation on the basis of the valid grounds asserted, but strike those provisions involving appellant’s violations for failure to pay based upon the trial court’s failure to find an ability to pay. See Edwards v. State, 489 So. 2d 1028 (Fla. 3d DCA 1983); Scherer v. State, 366 So. 2d 840 (Fla. 2d DCA 1979).

Affirmed as modified.


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  • Rindfleisch v. Carnival Cruise Lines, Inc., 498 So. 2d 488 (Fla. 3d DCA 1986)
    …that a mere asking or tendering should require a reversal. Thus any error in the trial court’s ruling on the motion in limine was not preserved when Carnival offered no objection to the evidence when it was presented at trial. See O’Brien v. Ortiz, 467 So. 2d 1056 (Fla. 3d DCA 1985). As its second point on cross-appeal, Carnival argues that the trial court erred in allowing the opinion testimony of plaintiffs’ expert on the coefficient of friction test. The general rule is “evidence of an experiment whereby…
  • Fredericson v. Levinson, 495 So. 2d 842 (Fla. 3d DCA 1986)
    …object to the disputed testimony when it was offered in evidence before the jury, and did not otherwise renew his prior motion in limine, which had previously been denied, when the disputed testimony was presented to the jury. See O’Brien v. Ortiz, 467 So. 2d 1056, 1057 (Fla. 3d DCA 1985); Parry v. Nationwide Mutual Fire Insurance Co., 407 So. 2d 936, 936 (Fla. 5th DCA 1981); Swan v. Florida Farm Bureau Insurance Co., 404 So. 2d 802, 803-04 (Fla. 5th DCA 1981). Moreover, the point urged does not present a fun…
  • Porter v. Vista Bldg. Maint. Servs., Inc., 630 So. 2d 205 (Fla. 3d DCA 1993)
    …dissenting. I respectfully dissent upon the reasoning found in the following authorities. Rindfleisch v. Carnival Cruise Lines, Inc., 498 So. 2d 488 (Fla. 3d DCA 1986); Fredericson v. Levinson, 495 So. 2d 842 (Fla. 3d DCA 1986); OBrien v. Ortiz, 467 So. 2d 1056 (Fla. 3d DCA 1985).…

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