CECIL SKINNER, APPELLANT,

v.

STATE OF FLORIDA, APPELLEE

Citator

Cited By

• Amison v. State, 504 So. 2d 473 (Fla. 2d DCA 1987)
  …500 So. 2d 721 (Fla. 2d DCA 1987); Treadway v. State, 500 So. 2d 308 (Fla. 2d DCA 1986). Next, appellant correctly alleges error in imposition of costs pursuant to section 27.3455(1) without prior determination of ability to pay. Skinner v. State, 498 So. 2d 618 (Fla. 1st DCA 1986). Accordingly, we strike the $200 costs without prejudice to the state filing a new motion. We also agree with appellant’s final contention that the court erred in assessing costs and fees against him pursuant to sections 960.20,…
• LEE Cnty. v. Morales, 557 So. 2d 652 (Fla. 2d DCA 1990)
  …Island, 142 So. 2d 321, 325 (Fla. 2d DCA 1962). However, before a court can substitute its judgment for that of the zoning authority, it must find that the question before the authority was not fairly debatable. City of Jacksonville v. Culverhouse, 498 So. 2d 618, 619 (Fla. 1st DCA 1986) (circuit court failed to make findings that denial of rezoning was fairly debatable or that denial deprived owner of all beneficial use of the property). In this case, the trial court failed to make any findings that the rez…
• Bostic v. State, 504 So. 2d 794 (Fla. 2d DCA 1987)
  …m pursuant to section 27.3455, without prior notice and without first determining appellant had the present ability to pay. The state concedes that the court erred in this respect. Atkins v. State, 506 So. 2d 10 (Fla. 2d DCA 1987); Skinner v. State, 498 So. 2d 618 (Fla. 1st DCA 1986). Therefore, we reverse and strike the costs without prejudice to the state filing a proper motion. Appellant next argues that the trial court erred in imposing restitution as a condition of his probation without determining that…

Authorities Cited

• Slaughter v. State, 493 So. 2d 1109 (Fla. 1st DCA 1986)
• Bethune v. State, 492 So. 2d 404 (Fla. 2d DCA 1986)
• Lawton v. State, 492 So. 2d 404 (Fla. 1st DCA 1986)
• Hoffman v. Kye S. Hoffman, 497 So. 2d 938 (Fla. 1st DCA 1986)