L.J.H., A CHILD, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 2d DCA | 1993-12-03
No. 92-03692
THREADGILL and BLUE, JJ., concur.
627 So. 2d 593 Florida District Court of Appeal, Second District (1993) Negative Treatment
Cited by 10 cases

Opinion of the Court
HALL, Acting Chief Judge.

HALL, Acting Chief Judge.

L.J.H. appeals the order requiring her to pay restitution in the total amount of $1058.00 at the rate of $88.00 per month. She contends the trial court erred in not conditioning the payment of restitution upon her obtaining earnings from employment that will enable her to comply with the order. J.M.H. v. State, 589 So. 2d 394 (Fla. 1st DCA 1991). We agree.

Accordingly, we affirm the order of restitution but remand with directions that it be modified to make payment contingent upon obtaining earnings from employment, which L.J.H. must make every reasonable effort to secure.

THREADGILL and BLUE, JJ., concur.


Cases With Similar Vibessemantic neighbors from the corpus


Citator

Cited By

  • R.D.S. v. State, 844 So. 2d 720 (Fla. 2d DCA 2003)
    …ified in the order for commencement of the payments, and order that payments be made once R.D.S. obtains suitable employment that will enable him to comply with the order, for which he must make all reasonable efforts to obtain. See L.J.H. v. State, 627 So. 2d 593 (Fla. 2d DCA 1993); J.A.M., 601 So. 2d at 279. Affirmed; remanded with directions. SALCINES and COVINGTON, JJ„ Concur.…
  • J.A.B. v. State, 993 So. 2d 1150 (Fla. 2d DCA 2008)
    …g the amount and payment schedule for restitution. We affirm. We have voted to consider this case en banc and to recede from R.S.M. v. State, 910 So. 2d 361 (Fla. 2d DCA 2005); R.D.S. v. State, 844 So. 2d 720 (Fla. 2d DCA 2003); and L.J.H. v. State, 627 So. 2d 593 (Fla. 2d DCA 1993), to the extent that those cases suggest that a trial court issuing a restitution order with a monthly payment schedule against an unemployed juvenile cannot specify a commencement date for the payments but must make payment contin…
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  • R.S.M. v. State, 910 So. 2d 361 (Fla. 2d DCA 2005)
    …d’s obtaining earnings from employment that will permit him to comply with the condition.” Id. In addition, the child should be required to “make all reasonable efforts” to find suitable employment. R.D.S., 844 So. 2d at 721; L.J.H. v. [*363] State, 627 So. 2d 593, 594 (Fla. 2d DCA 1993). At the hearing, the trial court contemplated that R.S.M. would pay restitution from his earnings upon his release from commitment. However, the court failed to direct that the payments shall begin once R.S.M. obtains suitab…

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