JACK R. KIRSHNER, APPELLANT,
v.
STATE OF FLORIDA, ET AL., APPELLEES

Fla. 5th DCA | 1988-11-10
No. 88-1446
SHARP, C.J., and COWART, J., concur.
533 So. 2d 322 Florida District Court of Appeal, Fifth District (1988) Positive Treatment
Cited by 4 cases
Topics
Imposition Of Costs Notice And Opportunity To Be Heard Postconviction Relief

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Opinion of the Court
ORFINGER, Judge.

ORFINGER, Judge.

The trial court erred in summarily denying the indigent appellant’s motion for post-conviction relief with respect to his claim that costs were imposed upon him without adequate notice and opportunity to be heard. The record supports appellant’s contention. Costs may not be assessed without notice or an opportunity to object. Harriet v. State, 520 So. 2d 271 (Fla.1988); Mays v. State, 519 So. 2d 618 (Fla.1988); Morgan v. State, 527 So. 2d 968 (Fla. 5th DCA 1988); Singletary v. State, 530 So. 2d 460 (Fla. 5th DCA 1988). We reverse the order appealed from insofar as it summarily denied relief on the cost issue. On remand and after proper notice, the court may reconsider the imposition of costs. Except as to the issue of costs, the judgment denying relief is otherwise affirmed.

Costs VACATED; REMANDED.

SHARP, C.J., and COWART, J., concur.

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Citator

Cited By

  • Vance Lamar Larsen v. State, 543 So. 2d 359 (Fla. 1st DCA 1989)
    …Appellate Procedure, we certify that the decision herein expressly and directly conflicts with decisions of another district court of appeal on the same question of law. See Gordon v. State, 530 So. 2d 1113 (Fla. 5th DCA 1988) and Kirshner v. State, 533 So. 2d 322 (Fla. 5th DCA 1988). THOMPSON and ZEHMER, JJ., concur.…
  • Duffey v. State, 629 So. 2d 1115 (Fla. 5th DCA 1994)
    …uffey’s motion for post-conviction relief filed pursuant to Florida Rule of Criminal Procedure 3.850, with the exception of that portion of the trial court’s order which upholds the imposition of a $500 public defender’s lien. See Kirshner v. State, 533 So. 2d 322 (Fla. 5th DCA 1988). In this regard, we vacate that portion of the trial court’s order and remand this cause either for attachment of the portions of the record refuting Duffey’s contention that he did not receive notice of and a hearing regarding t…

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