AMERICAN SAVINGS & LOAN ASSOCIATION, APPELLANT,

v.

ROBERT LEVY, APPELLEE

Citator

Cited By

• Hamrick v. State, 648 So. 2d 274 (Fla. 4th DCA 1995)
  …, this issue is properly before this court. See Howren v. State, 510 So. 2d 1142, 1144 (Fla. 2d DCA 1987). The imposition of restitution without notice or a hearing is error. Dominique v. State, 590 So. 2d 1059 (Fla. 4th DCA 1991); Mounds v. State, 526 So. 2d 1084 (Fla. 4th DCA 1988). Although the trial court did not err in ordering appellant to pay restitution, it did so when it imposed a restitution amount in the written order with no mention during the sentencing hearing of the amount of restitution, the m…
• Dominique v. State, 590 So. 2d 1059 (Fla. 4th DCA 1991)
  …l resources of the defendant and his dependents is on the defendant. The burden of demonstrating such other matters as the court deems appropriate is upon the party designated by the court as justice requires. As this court held in Mounds v. State, 526 So. 2d 1084 (Fla. 4th DCA 1988), “the imposition of restitution without notice or a hearing was error.” In the present case this rule was not honored and thus we find it necessary to remand for purposes of allowing appellant his opportunity to be heard on the m…
• Cheatham v. State, 593 So. 2d 270 (Fla. 4th DCA 1992)
  …al that the trial court failed to hold a hearing to determine the defendant’s financial circumstances as was the case in Dominique v. State, 590 So. 2d 1059 (Fla. 4th DCA 1991); Oliverio v. State, 583 So. 2d 412 (Fla. 4th DCA 1991); Mounds v. State, 526 So. 2d 1084 (Fla. 4th DCA 1988); and Snell v. State, 502 So. 2d 489 (Fla. 4th DCA), rev. dismissed, 509 So. 2d 1119 (1987). In the instant case, the record reflects the trial court’s consideration of the [*272] defendant’s ability to pay restitution, albeit lim…

Authorities Cited

• Equilease Corp. v. Hentz, 634 F.2d 850 (5th Cir. 1981)