NORMAN K. JOHNSON, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
NORMAN K. JOHNSON, APPELLANT,
STATE OF FLORIDA, APPELLEE
600 So. 2d 39
Florida District Court of Appeal, Fourth District (1992)
Positive Treatment
Cited by 1 case
Opinion of the Court
LETTS, Judge.
Regretfully, we must reverse the assessment of a public defender lien against the defendant. True, he was given notice that the matter would be taken up at the time of sentencing, but, in fact, after searching the record of the sentencing hearing, we find it never was. Accordingly, the defendant was given no opportunity to be heard on this issue and no actual motion to impose the fee was ever filed. See In the Interest of R.B., 582 So. 2d 163 (Fla. 4th DCA 1991). We do not believe it was incumbent upon the defendant to initiate such a discussion at the hearing.
REVERSED AND REMANDED.
GARRETT, J., and OWEN, WILLIAM C. Jr., Senior Judge, concur.
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Dario Mazzei v. Mazzei, 639 So. 2d 628 (Fla. 3d DCA 1994)…i and Dario Mazzei, dissolving the parties’ marriage. • However, finding the final judgment is ambiguous and contradictory, we reverse the balance of that order and the fees award subsequently entered, and remand for reconsideration. Cowen v. Cowen, 600 So. 2d 39 (Fla. 4th DCA 1992). On one hand, in the final judgment, the trial judge found the parties’ postnuptial settlement agreement “valid and clear on its face.” On the other hand, in that judgment, the trial judge ordered a distribution of assets clearly…
Authorities Cited
- In the Interest of R.B., 582 So. 2d 163 (Fla. 4th DCA 1991)