EVELYN SMITH, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 1st DCA | 1989-09-07
No. 88-2093
ERVIN and JOANOS, JJ., concur.
548 So. 2d 305 Florida District Court of Appeal, First District (1989) Positive Treatment
Cited by 6 cases
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Anders V. California Notice And Opportunity To Be Heard

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Opinion of the Court
SHIVERS, Chief Judge.

SHIVERS, Chief Judge.

Appellant, Evelyn Smith, appeals a conviction and sentence for grand theft by passing worthless bank checks. The case is before us pursuant to Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967). We affirm both the conviction and sentence; however, we find that the trial court erred in imposing court costs without providing appellant with the required notice or opportunity to be heard. Jenkins v. State, 444 So. 2d 947 (Fla.1984); Mays v. State, 519 So. 2d 618 (Fla.1988). Accordingly, we strike the trial court’s assessment of costs without prejudice to the State to seek reassessment upon proper notice and opportunity to be heard. Raulers v. State, 544 So. 2d 338 (Fla. 1st DCA 1989); Collins v. State, 546 So. 2d 123 (Fla. 1st DCA 1989).

ERVIN and JOANOS, JJ., concur.

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  • Sterling Factors Corp. v. U.S. Bank Nat'l Ass'n, 968 So. 2d 658 (Fla. 2d DCA 2007)
    …st, would not seem to support the negative inference proposed by the Nesters, which would provide more protection for the banks and purchasers. . See Nobani v. Barcelona Dev. Corp., 655 So. 2d 250, 251 (Fla. 5th DCA 1995); Sun Bank, N.A. v. Stocks, 548 So. 2d 305, 306 (Fla. 1st DCA 1989); J.M. Realty Inv. Corp. v. Stern, 296 So. 2d 588, 589 (Fla. 3d DCA 1974); Aluminum Irrigation, Inc. v. Empire Capitol Corp., 194 So. 2d 922, 923 (Fla. 2d DCA 1967); Holiday, 121 So. 2d at 678; Maule Indus., Inc. v. Seminole…
  • Ward v. State, 558 So. 2d 166 (Fla. 1st DCA 1990)
    …(Fla.1989). Since Ward did not receive notice regarding any of the costs imposed, we reverse the trial court’s assessment of costs without prejudice to the state to seek reassessment upon proper notice and an opportunity to be heard. Smith v. State, 548 So. 2d 305 (Fla. 1st DCA 1989); Collins v. State, 546 So. 2d [*168] 123 (Fla. 1st DCA 1989); Raulerson, 544 So. 2d 338. REVERSED AND REMANDED. THOMPSON and BARFIELD, JJ„ concur.…
  • Shiloh Toler and Troy Toler v. Bank OF Am., 78 So. 3d 699 (Fla. 4th DCA 2012)
    …l Procedure 1.540(b). Affirmed. POLEN and CONNER, JJ., concur. . See Sterling Factors Corp. v. U.S. Bank Nat'l Ass’n, 968 So. 2d 658 (Fla. 2d DCA 2007); Nobani v. Barcelona Dev. Corp., 655 So. 2d 250 (Fla. 5th DCA 1995); Sun Bank, N.A. v. Stocks, 548 So. 2d 305 (Fla. 1st DCA 1989); J.M. Realty Inv. Corp. v. Stern, 296 So. 2d 588 (Fla. 3d DCA 1974); Aluminum Irrigation, Inc. v. Empire Capitol Corp., 194 So. 2d 922 (Fla. 2d DCA 1967); Holiday, Inc. v. Glaser, 121 So. 2d 677 (Fla. 3d DCA 1960); Maule Indus, v…

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