CHARLES M. ROWARS, TRUSTEE, D/B/A PELICAN BAYS, APPELLANT,

v.

QUALITY INDUSTRIAL CONTRACTORS, INC., APPELLEE

Citator

Cited By

• Stephens v. State, 630 So. 2d 1090 (Fla. 1994)
  …McDonald, justice. We review Stephens v. State, 614 So. 2d 19 (Fla. 4th DCA 1993), because of certified conflict with Hamrick v. State, 619 So. 2d 81 (Fla. 3d DCA 1988). We have jurisdiction pursuant to article V, section 3(b)(4), Florida Constitution, and quash Stephens. Stephens, a yacht broker, failed to r…
• Dirico v. State, 728 So. 2d 763 (Fla. 4th DCA 1999)
  …on as a condition of his later being given a lenient sentence.” Id. at 82 n. 3. Five years later, the validity of a defendant’s waiver of the defense of inability to pay as a condition of probation was again before this court. In Stephens v. State, 614 So. 2d 19 (Fla. 4th DCA 1993), overruled, 630 So. 2d 1090 (Fla.1994), the defendant pled nolo to grand theft. The trial court withheld adjudication and placed Stephens on probation with the special condition of probation that he make restitution in the amount…
• Staley v. State, 851 So. 2d 805 (Fla. 2d DCA 2003)
  …1994), instructive. There, the circuit court conditioned its acceptance of Stephens’s plea on his payment of restitution and on his agreement to waive his constitutional right not to be imprisoned for a debt if he failed to do so. Stephens v. State, 614 So. 2d 19, 20 (Fla. 4th DCA 1993). Our supreme court acknowledged Stephens’s waiver, but held that “before a person on probation can be imprisoned for failing to make restitution, there must be a determination that that person has, or has had, the ability to…

Authorities Cited

• Whitten v. Progressive Cas. Ins. Co., 410 So. 2d 501 (Fla. 1982)
• Klein v. Layne, 453 So. 2d 203 (Fla. 4th DCA 1984)
• Brown v. United States Marble, 505 So. 2d 1103 (Fla. 4th DCA 1987)