ALTON LEE JACKSON, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
ALTON LEE JACKSON, APPELLANT,
STATE OF FLORIDA, APPELLEE
511 So. 2d 1008
Florida District Court of Appeal, Second District (1987)
Positive Treatment
Cited by 2 cases
Opinion of the Court
PER CURIAM.
Affirmed.
LEHAN, A.C.J., and SANDERLIN, J., concur.
HALL, J., dissents with opinion.
Dissent
HALL, Judge,
dissenting.
I would affirm the conviction but find that the imposition of costs under section 27.3455, Florida Statutes, violated the ex post facto provisions of the United States and Florida Constitutions. Bowman v. State, 495 So. 2d 868 (Fla. 2d DCA 1986). Accordingly, I would vacate that portion of the judgment in this case imposing court costs pursuant to section 27.3455, Florida Statutes (1985). I would also certify the question set out in Bowman to the Florida Supreme Court as a question of great public importance.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Tradewinds Mfg. Co. & Fuqua Indus., Inc. v. COX, 541 So. 2d 667 (Fla. 1st DCA 1989)…umption can be overcome by e/c’s showing that there was a reasonable basis for the overpayment. Sosa v. Jernigan Trucking Co., 454 So. 2d 65 (Fla. 1st DCA 1984). Reasonable bases for overpayment have included clerical error, Marrero v. F.P.A. Corp., 511 So. 2d 1008 (Fla. 1st DCA 1987), and incorrect calculation of average weekly wage due to claimant’s late filing of wage records, Sosa, supra. Moreover, overpayment in one class of benefits can be credited against a different class of benefits. Belam Florida Cor…
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Montgomery Ward/Jefferson v. Wade, 545 So. 2d 410 (Fla. 1st DCA 1989)…der and failure to file a timely motion for rehearing. Credit has been permitted where an overpayment resulted from a clerical error in circumstances where the court did not find a lack of due diligence by employer/carrier. See Marrero v. FPA Corp., 511 So. 2d 1008 (Fla. 1st DCA 1987). But crediting is proper only when there is a reasonable basis for the overpayment. See Belam Florida Corp. v. Dardy, 397 So. 2d 756 (Fla. 1st DCA 1981). In the present case the error in the prior order was apparent from the face…
Authorities Cited
- Bowman v. State, 495 So. 2d 868 (Fla. 2d DCA 1986)