ROBERT LEE SMITH, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
ROBERT LEE SMITH, APPELLANT,
STATE OF FLORIDA, APPELLEE
555 So. 2d 946
Florida District Court of Appeal, Fifth District (1990)
Caution
Cited by 24 cases
Opinion of the Court
PER CURIAM.
Appellant alleges, and appellee does not contest the issue, that costs were assessed against him without notice or an opportunity to be heard. That was error. Mays v. State, 519 So. 2d 618 (Fla.1988); Jenkins v. State, 444 So. 2d 947 (Fla.1984); Rucker v. State, 553 So. 2d 212 (Fla. 4th DCA 1989).
The order assessing costs is reversed. The conviction for armed robbery and the sentence are affirmed.
AFFIRMED m part; REVERSED in part.
DANIEL, C.J., and DAUKSCH and SHARP, JJ., concur.
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Citator
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Commercial Carrier Corp. & Comcar Indus., Inc. v. LaPOINTE, 723 So. 2d 912 (Fla. 1st DCA 1999)…(Fla. 1st DCA 1984). We cannot say that awarding future medical benefits where none were properly claimed and noticed is of no consequence. Id. at 779. Compare Aircraft Servs. v. Reyes, 582 So. 2d 66 (Fla. 1st DCA 1991); Albertson’s Inc. v. Natale, 555 So. 2d 946 (Fla. 1st DCA 1990); Acosta Roofing Co. v. Gillyard, 402 So. 2d 1321 (Fla. 1st DCA 1981). . It appears from the record that Comear may have voluntarily paid wage-loss benefits up until the date of the pretrial hearing. The claimant stated in his an…
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Church's Fried Chicken & The Travelers Ins. Co. v. Maloney, 599 So. 2d 706 (Fla. 1st DCA 1992)…njury and the subsequent loss of income, the burden shifts to the employer and carrier to prove that during the period in which wage loss benefits are claimed, the claimant refused work or voluntarily limited his income. Albertson’s, Inc. v. Natale, 555 So. 2d 946 (Fla. 1st DCA 1990). The employer and carrier’s failure to carry this burden precludes application of the deemed earnings provision. The record contains competent, substantial evidence to support the judge’s finding that claimant is entitled to wag…1 / 2
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Wal-Mart Stores, Inc. v. Lopez, 742 So. 2d 301 (Fla. 1st DCA 1998)…dily correctable technical error that the [JCC] was not asked to correct within the time available for correction. (Citations omitted); see also Acosta Roofing Co. v. Gillyard, 402 So. 2d 1321, 1322 (Fla. 1st DCA 1981); Albertson’s, Inc. v. Natale, 555 So. 2d 946, 948 (Fla. 1st DCA 1990); Aircraft Servs. v. Reyes, 582 So. 2d 66, 67 (Fla. 1st DCA 1991). Accordingly, we decline to disturb this award. AFFIRMED. ERVIN, BOOTH and VAN NORTWICK, JJ., concur.…
Previewing 3 of 12 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Jenkins v. State, 444 So. 2d 947 (Fla. 1984)
- Mays v. State, 519 So. 2d 618 (Fla. 1988)
- Gamma Dev. Corp. v. Am. Pioneer Sav. Bank, 553 So. 2d 212 (Fla. 4th DCA 1989)
- Rucker v. State, 553 So. 2d 212 (Fla. 4th DCA 1989)