MICHAEL HILL OGDEN, PETITIONER,
v.
STATE OF FLORIDA, RESPONDENT
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PER CURIAM.
Michael Hill Ogden seeks certiorari review of two orders of the trial court. For the reasons expressed below, we grant the petition in part and quash the order discharging the office of the public defender. We dismiss that portion of the petition seeking review of an order excluding an expert witness on the authority of Parkway Bank v. Fort Myers Armature Works, Inc., 658 So. 2d 646 (Fla. 2d DCA 1995).
The adverse evidence before the trial court regarding Ogden’s indigency status consisted of hearsay testimony and a financial affidavit filed by Ogden in his divorce proceeding several years earlier. However, Ogden’s current financial statement and explanation that his bond was posted by his parents sufficiently overcame the statutory presumption of solvency explained in section 27.52, Florida Statutes (1993). Therefore, we conclude that the trial court abused its discretion in discharging the public defender and quash that order. Petition granted in part and dismissed in part.
CAMPBELL, A.C.J., and PATTERSON and FULMER, JJ., concur.
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Ramirez v. State, 779 So. 2d 364 (Fla. 2d DCA 2000)…e, 160 So. 2d 546 (Fla. 2d DCA 1963). Therefore, the statutory presumption against a finding of indigency was overcome by the uncontroverted evidence that Ramirez’s mother borrowed the money to pay his bail. See Vera, 689 So. 2d 389; Ogden v. State, 666 So. 2d 239 (Fla. 2d DCA 1996). Reversed and remanded for a new trial in accordance with this opinion. ALTENBERND, A.C.J., and FULMER, J., Concur.…
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Mansfield v. State, 16 So. 3d 302 (Fla. 5th DCA 2009)…of his financial resources and was insolvent.3 The trial court should have considered, inter alia, Mansfield’s current financial picture irrespective of his prior ability to enter into a retainer agreement and post a bond. See, e.g., Ogden v. State, 666 So. 2d 239 (Fla. 2d DCA 1996). For these reasons, we grant the petition and quash the order. PETITION FOR WRIT OF CERTIO-RARI GRANTED; ORDER QUASHED. MONACO, C.J., ORFINGER and TORPY, JJ., concur. . By prior order, this Court partially denied Mansfield’s pe…
Authorities Cited
- Parkway Bank v. Fort Myers Armature Works, Inc., 658 So. 2d 646 (Fla. 2d DCA 1995)