ANDERSON BROOKS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 4th DCA | 1990-02-14
No. 89-0830
DOWNEY, ANSTEAD and LETTS, JJ., concur.
556 So. 2d 537 Florida District Court of Appeal, Fourth District (1990) Positive Treatment
Cited by 10 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

Reversed and remanded for a new trial. The trial court erroneously refused to instruct the jury or permit witnesses to be questioned about a defense to the charge. See section 790.001(1)(6), Florida Statutes (1988); section 790.23, Florida Statutes (1988); Morgan v. State, 453 So. 2d 394 (Fla.1984).

DOWNEY, ANSTEAD and LETTS, JJ., concur.


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  • Hillman v. Hillman, 567 So. 2d 1066 (Fla. 2d DCA 1990)
    …). The child support guidelines, as helpful as they may be to an overburdened court, should not be automatically applied; the court should consider both the needs of the child and the overall financial circumstances of the parties. See Huff v. Huff, 556 So. 2d 537 (Fla. 4th DCA 1990). From the record before us we cannot determine whether the lower court heard evidence as to these factors, and if so, whether it arrived at any determination in that regard. We are therefore compelled to reverse and remand for fu…
  • Todesco v. Todesco, 583 So. 2d 774 (Fla. 4th DCA 1991)
    …pport guidelines, while helpful, are not to be automatically applied; the court should consider both the needs of the child and the overall financial circumstances of the parties. Hillman v. Hillman, 567 So. 2d 1066 (Fla. 2d DCA 1990); Huff v. Huff, 556 So. 2d 537 (Fla. 4th DCA 1990). Further, while private educational expenses may be awarded as part of child support where they are in accordance with the family’s customary standard of living and are in the child’s best interest, they may be awarded only where…
  • Henderson v. Henderson, 619 So. 2d 411 (Fla. 4th DCA 1993)
    …e modification is appropriate. This case is indistinguishable from Douglass v. Rigg, 525 So. 2d 494 (Fla. 4th DCA1988), where we reversed an increase that lacked evidence of the payor’s ability to shoulder the increase sought. See also Huff v. Huff, 556 So. 2d 537 (Fla. 4th DCA1990). Here, there was no evidence of any ability to pay any increase in child support. We therefore reverse the trial court’s decision and remand with directions to enter an order denying former wife’s petition for modification. RE…

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