SCOTT CARL MCILWAIN, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
SCOTT CARL MCILWAIN, APPELLANT,
STATE OF FLORIDA, APPELLEE
558 So. 2d 199
Florida District Court of Appeal, Second District (1990)
Positive Treatment
Cited by 10 cases
Opinion of the Court
PER CURIAM.
We affirm the judgments and sentences imposed in this case, with the following minor exception. We find that court costs were assessed without prior notice, requiring us to strike this provision without prejudice to the state to seek reimposition after proper notice and the opportunity to be heard. Wood v. State, 544 So. 2d 1004 (Fla.1989).
HALL, A.C.J., and PATTERSON and ALTENBERND, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
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Karie Lynn Gibbs v. Gibbs, 686 So. 2d 639 (Fla. 2d DCA 1996)…test makes no reference to “detriment,” the opinion states: “It has been established for some time that absent proven detriment to the child, possible moral wrongdoing by a parent does not warrant a custodial change.” Id. at 904. In Eddy v. Napier, 558 So. 2d 199, 201 (Fla. 2d DCA 1990), this court cited to Garvey and described the test as: To justify modification the court must find a substantial change in circumstances detrimental to the child since the original judgment. In Bryant v. Meredith, 610 So. 2…
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Kelly v. Kelly, 642 So. 2d 800 (Fla. 2d DCA 1994)…a substantial change in circumstances such that Laura’s continued primary residence with her mother will be detrimental to her and that changing her primary residence to her father is in her best interests. Jablon, 579 So. 2d at 903; Eddy v. Napier, 558 So. 2d 199 (Fla. 2d DCA 1990); Ours v. Ours, 515 So. 2d 281 (Fla. 1st DCA 1987). We note that this is especially so in light of the court’s order here which merely switches the almost equal time Laura is to spend with each parent. There was no evidence that th…
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Landingham v. Landingham, 685 So. 2d 946 (Fla. 1st DCA 1996)…ish the custodial parent. See Ginder v. Ginder, 536 So. 2d 1155 (Fla. 1st DCA 1988), rev. denied, 544 So .2d 199 (Fla.1989) (holding a court cannot change custody without showing that the change is in the best interest of the child); Eddy v. Napier, 558 So. 2d 199, 201 (Fla. 2d DCA 1990); State ex rel. Tilden v. Utreva, 386 So. 2d 1 (Fla. 3d DCA 1980) (reversing a trial court’s modification of custody based on the father’s failure to return the children to the mother as required by a court order); Doran v. Do…
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- Wood v. State, 544 So. 2d 1004 (Fla. 1989)