OFFICE OF CHILD SUPPORT ENFORCEMENT, ETC., ET AL., APPELLANTS,
v.
TOMMY R. SIMMONS, APPELLEE
OFFICE OF CHILD SUPPORT ENFORCEMENT, ETC., ET AL., APPELLANTS,
TOMMY R. SIMMONS, APPELLEE
641 So. 2d 530
Florida District Court of Appeal, Fifth District (1994)
Positive Treatment
Cited by 6 cases
Opinion of the Court
PETERSON, Judge.
The Department of Health and Rehabilitative Services (HRS) appeals an order denying its petition for reimbursement of $2,056 by Tommy R. Simmons. We affirm.
In his response to the petition, Simmons claimed that the mother and the social services agency were estopped from asserting the claim. Equitable defenses apply to HRS’ claim. See Department of Health and Rehabilitative Services v. Thomas, 477 So. 2d 1053 (Fla. 5th DCA 1985), rev. denied, 488 So. 2d 829 (Fla.1986). HRS has not demonstrated reversible error. See Applegate v. Barnett Bank of Tallahassee, 377 So. 2d 1150 (Fla.1979).
AFFIRMED.
DIAMANTIS and THOMPSON, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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McCANTS v. State, 648 So. 2d 319 (Fla. 1st DCA 1995)…State, 630 So. 2d 527 (Fla.1993), the Florida' Supreme Court held that a trial court may not impose consecutive enhanced sentences under section 775.084, Florida Statutes, for crimes growing out of a single-criminal episode. See also Clark v. State, 641 So. 2d 530 (Fla. 1st DCA 1994). Appellant’s consecutive enhanced sentences are thus prohibited, and though the convictions are affirmed, we must vacate the sentences imposed on all counts and remand with directions that the three consecutive sentences be mad…
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Collins v. State, 650 So. 2d 221 (Fla. 1st DCA 1995)…me criminal episode. Here, the state concedes that the imposition of consecutive habitual offender sen [*222] tences was error. Accordingly, we reverse and remand with directions that appellant be resentenced to concurrent sentences. Clark v. State, 641 So. 2d 530 (Fla. 1st DCA 1994), Washawitz v. State, 644 So. 2d 131 (Fla. 1st DCA 1994). In all other respects, appellant’s convictions are affirmed. BOOTH, MICKLE and VAN NORTWICK, JJ., concur.…
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Grandison v. State, 654 So. 2d 635 (Fla. 1st DCA 1995)…Authority, appellant cites Hale v. State, 630 So. 2d 521 (Fla.1993), cert. denied, — U.S. —, 115 S.Ct. 278, 130 L.Ed.2d 195 (1994); Brooks v. State, 630 So. 2d 527 (Fla.1993); McCants v. State, 648 So. 2d 319 (Fla. 1st DCA 1995); and Clark v. State, 641 So. 2d 530 (Fla. 1st DCA 1994), cases which stand for the proposition that consecutive enhanced sentences are not permitted under section 775.084 for crimes growing out of a single criminal episode. We decline to address the issue implicitly raised for the fir…
Authorities Cited
- Pitcher v. Schneider (Fla. 5th DCA 2018)
- Albert v. Applegate et ux., 377 So. 2d 1150 (Fla. 1979)
- The Dep't OF Health & Rehabilitative Servs. v. Thomas, 477 So. 2d 1053 (Fla. 5th DCA 1985)