GEORGE M. EVANS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
GEORGE M. EVANS, APPELLANT,
STATE OF FLORIDA, APPELLEE
608 So. 2d 944
Florida District Court of Appeal, Fifth District (1992)
Positive Treatment
Cited by 2 cases
Opinion of the Court
PER CURIAM.
We reverse the trial court’s order which denied without a hearing the appellant’s motion to tax appellate costs after appellant prevailed in his appeal of his criminal contempt conviction. We reversed appellant’s conviction and remanded with instructions for entry of a judgment of not guilty. See Evans v. State, 603 So. 2d 15 (Fla. 5th DCA 1992). Thus, pursuant to section 939.06 of the Florida Statutes (1991), appellant is entitled to recover his total appellate costs of $629.26.
REVERSED and REMANDED.
DAUKSCH, COWART and DIAMANTIS, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Mathis v. State, 234 So. 3d 861 (Fla. 5th DCA 2018)…145 (Fla. 4th DCA 2012) (“A nolle prosequi by the state amounts to a ’discharge’ entitling a defendant to a refund of costs under the statute.”). Additionally, this court has previously extended section 939.06 to appellate costs. See Evans v. State, 608 So. 2d 944 (Fla. 5th DCA 1992). Mathis’s failure to refer to section 939.06 as a substantive basis is not fatal to his claim for costs because rule 9.400(a) does not expressly require that a movant for costs state the ground of recovery. Because Mathis prevail…
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Mathis v. State (Fla. 5th DCA 2018)
Authorities Cited
- Evans v. State, 603 So. 2d 15 (Fla. 5th DCA 1992)