MATTHEW B. O'BRIEN, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
PER CURIAM.
AFFIRMED. See, Gibson v. State, 533 So. 2d 338 (Fla. 5th DCA 1988) and Cook v. State, 548 So. 2d 257 (Fla. 5th DCA 1989).
DAUKSCH and GOSHORN, JJ., concur. COWART, J., dissents with opinion.
COWART, Judge,
dissenting.
The trial court permitted the use at trial of a one-way screen to shield a child witness from a view of the defendant. This practice violated the defendant’s constitutional rights under the confrontational clause of the Sixth Amendment of the United States Constitution. Coy v. Iowa, — U.S.-, 108 S.Ct. 2798, 101 L.Ed.2d 857 (1988). See the case comment at 40 U.Fla. L.Rev. 1049 (Fla.1988). This was fundamental error requiring no objection at trial and subject to no implied waiver from failure to object. State v. Johnson, 483 So. 2d 420 (Fla.1986). Furthermore, defense counsel objected to the screen. This case should be reversed and remanded for a new trial.
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Bellino v. W & W Lumber & Bldg. Supplies, Inc., 902 So. 2d 829 (Fla. 4th DCA 2005)…in v. Doudov, 626 So. 2d 1054, 1056 (Fla. 4th DCA 1993). Prejudgment interest may not be assessable in favor of the contractor until after the giving of the final [*833] contractor’s affidavit. Center of Osceola, Inc. v. William, Hicks & Sons, Inc., 549 So. 2d 1048, 1049 (Fla. 5th DCA 1989). The final judgment awarded prejudgment interest at twelve percent from February 13, 2002 to April 25, 2003 for the doors. W & W Lumber claims that this period is in error ’since it filed its final affidavit on May 9, 2002…
Authorities Cited
- COY v. Iowa, 487 U.S. 1012 (U.S. 1988)
- State v. Johnson, 483 So. 2d 420 (Fla. 1986)
- Gibson v. State, 533 So. 2d 338 (Fla. 5th DCA 1988)
- Cook v. State, 548 So. 2d 257 (Fla. 5th DCA 1989)