CEDRIC QUINCE, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
PER CURIAM.
We affirm the judgment and sentence in all respects, except that we find the trial court erred in assessing costs against appellant, who had been adjudicated indigent, without notice and an opportunity to be heard, contrary to Jenkins v. State, 444 So. 2d 947 (Fla.1984). Accordingly, we strike from the judgment that portion thereof which orders the payment of $15.00 pursuant to Section 960.20, Florida Statutes (1983) and court costs of $2.00.
HERSEY, C.J., and GLICKSTEIN and DELL, JJ., concur.
PER CURIAM.
We grant appellee’s motion for rehearing to note only that our decision in Quince v. State, 10 F.L.W. 1795 (Fla. 4th DCA July 24, 1985), does not prevent the state from attempting to tax costs against appellant in accordance with the procedure outlined in Jenkins v. State, 444 So. 2d 947 (Fla.1984).
HERSEY, C.J., and GLICKSTEIN and DELL, JJ., concur.
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Brooks v. State, 490 So. 2d 173 (Fla. 5th DCA 1986)…opportunity to object. See Jenkins v. State, 444 So. 2d 947 (Fla. 1984). These costs are therefore stricken without prejudice to the state to tax them in accordance with the procedure outlined [*175] in Jenkins. Id. at 950. See also Quince v. State, 475 So. 2d 916 (Fla. 4th DCA 1985). REVERSED and REMANDED. ORFINGER and SHARP, JJ., concur. . See White v. State, 481 So. 2d 993 (Fla. 5th DCA 1986); Jean v. State, 455 So. 2d 1083 (Fla. 2d DCA 1984); Swain v. State, 455 So. 2d 533 (Fla. 1st DCA 1984).…
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Miami-Dade Cnty. & Sergeant Patricia Sedano v. Ahmed Asad, 78 So. 3d 660 (Fla. 3d DCA 2012)…use of discretion. See Southwin, Inc. v. Verde, 806 So. 2d 586, 587 (Fla. 3d DCA 2002) (“The standard of review for the denial of a motion for new trial is whether or not the trial court abused its discretion.”); Seaboard Sys. R.R., Inc. v. Peeples, 475 So. 2d 916, 917 (Fla. 2d DCA 1985) (“The standard for review of the denial of a motion for new trial is whether or not the trial judge abused his discretion.”). THE TRIAL COURT ERRED IN ALLOWING THE PLAINTIFFS TO PROCEED WITH THEIR MALICIOUS PROSECUTION CLAIM…
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Scandinavian World Cruises (bahamas) v. Cronin, 509 So. 2d 1277 (Fla. 3d DCA 1987)…ubstantiated by the evidence.” Scandinavian’s burden on appeal is to affirmatively demonstrate from the record that the trial court’s order denying its post-trial motion represents a gross abuse of discretion. Seaboard System R.R., Inc. v. Peeples, 475 So. 2d 916 (Fla. 2d DCA 1985); Jones v. Airport Rent-A-Car, Inc., 342 So. 2d 104 (Fla. 3d DCA 1977). The discretionary power to grant or deny a motion for a new trial is given to the trial judge because of his direct and superior vantage point. Baptist Memori…
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- Jenkins v. State, 444 So. 2d 947 (Fla. 1984)