JOHN DEXTER MITCHELL, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 1st DCA | 1988-08-02
No. 87-1245
SMITH, C.J., and WIGGINTON, J., concur.
528 So. 2d 1295 Florida District Court of Appeal, First District (1988) Positive Treatment
Cited by 5 cases
Opinion of the Court
WENTWORTH, Judge.

WENTWORTH, Judge.

Appellant challenges the imposition of court costs after his criminal conviction. The record does not indicate that appellant was provided notice or an opportunity to be heard on the issue of his ability to pay costs. The state concedes that a remand is required by the supreme court decisions in Harriel v. State, 520 So. 2d 271 (Fla.1988), and Mays v. State, 519 So. 2d 618 (Fla. 1988). See also Jenkins v. State, 444 So. 2d 947 (Fla.1984). We agree, and vacate the assessment of costs and remand with directions that appellant be afforded notice and an opportunity to be heard prior to the imposition of costs.

SMITH, C.J., and WIGGINTON, J., concur.

Cases With Similar Vibessemantic neighbors from the corpus

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  • Armstrong v. Faye Armstrong, 623 So. 2d 1216 (Fla. 4th DCA 1993)
    …ore attorney’s fees.3 A non-complying spouse’s contempt may be taken into account when the court determines an attorney’s fee award, but that does not remove the trial court’s responsibility to consider need and ability to pay. See Foster v. Foster, 528 So. 2d 1295 (Fla. 1st DCA 1988). Moreover, given the inconsistent rulings on appellee’s motions on the issue of mortgage payments, it is not clear from this record that appellant was in fact in contempt for failure to continue contributing to the mortgage, as h…
  • Worthington v. Harty, 677 So. 2d 1371 (Fla. 4th DCA 1996)
    …must be considered by the court before ordering payment of attorney’s fees in contempt proceedings incident to enforcing orders relating to support or custody. See Armstrong v. Armstrong, 623 So. 2d 1216, 1218 (Fla. 4th DCA 1993); Foster v. Foster, 528 So. 2d 1295 (Fla. 1st DCA 1988); Warnhoff v. Warnhoff, 493 So. 2d 52 (Fla. 4th DCA 1986), rev. denied, 503 So. 2d 328 (Fla.1987). We can discern no basis for adopting an interpretation of the statutory requirements applicable to fees incurred in enforcing med…
  • Wilkins v. Wilkins, 546 So. 2d 44 (Fla. 4th DCA 1989)
    …atient’s Compensation Fund v. Rowe, 472 So. 2d 1145 (Fla. 1985), the order will be reversed, notwithstanding the 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. Boy…

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