F.L., A CHILD, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 2d DCA | 1988-07-22
No. 87-2686
CAMPBELL, C.J., and SCHEB and LEHAN, JJ., concur.
528 So. 2d 976 Florida District Court of Appeal, Second District (1988) Positive Treatment
Cited by 6 cases


Opinion of the Court
PER CURIAM.

PER CURIAM.

Appellant appeals the final order adjudicating him to be a delinquent juvenile. The sole issue he raises on this appeal is the failure of the trial judge to conduct a hearing pursuant to Richardson v. State, 246 So. 2d 771 (Fla.1971), before excluding the testimony of appellant’s mother for not having been listed as a witness in pretrial discovery. It is undisputed that there was a failure to conduct such a hearing. We have searched the record to determine whether the trial judge conducted the equivalent of such a hearing but find no evidence that such was the case. We are prohibited from considering whether the failure to conduct the Richardson hearing was harmless error. We, therefore, must reverse and remand for a new trial.

CAMPBELL, C.J., and SCHEB and LEHAN, JJ., concur.


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    …ord from which the Rowe factors of the number of hours and reasonable rate can be determined. See Hamlin (citing Hoffay v. Hoffay, 555 So. 2d 1309 (Fla. 1st DCA 1990)); Wilkins v. Wilkins, 546 So. 2d 44 (Fla. 4th DCA 1989); Gagnon; McCann v. McCann, 528 So. 2d 976 (Fla. 2d DCA 1988). Although the award of attorney’s fees must be reversed and this ease remanded to the trial court to make the appropriate findings, the former wife is not entitled to a second evidentiary hearing on the issue of fees upon remand.…
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    …he existence vel non of competent substantial evidence upon which the trial court could have based its determination. See Foster v. Foster, 528 So. 2d 1295 (Fla. 1st DCA 1988); Manuel v. Manuel, 498 So. 2d 1369 (Fla. 1st DCA 1986); McCann v. McCann, 528 So. 2d 976 (Fla. 2d DCA 1988); Lanham v. Lanham, 528 So. 2d 80 (Fla. 2d DCA 1988); Shields v. Shields, 502 So. 2d 1349 (Fla. 2d DCA 1987); Boyle v. Boyle, 485 So. 2d 879 (Fla. 2d DCA 1986). Id. at 807-08. In Lanham v. Lanham, 528 So. 2d 80 (Fla. 2d DCA 1988)…
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