MARTIN MADORSKY, ET AL., APPELLANTS,
v.
MARCELINO REGALADO, ET AL., APPELLEES
MARTIN MADORSKY, ET AL., APPELLANTS,
MARCELINO REGALADO, ET AL., APPELLEES
667 So. 2d 1007
Florida District Court of Appeal, Third District (1996)
Positive Treatment
Cited by 2 cases
Opinion of the Court
PER CURIAM.
The plaintiffs below, Martin Madorsky, et al., appeal from an order granting final summary judgment in favor of the individual defendants, Marcelino Regalado, Carmen Re-galado, and Delio Trejo. After carefully reviewing the record, we find that the existence of conflicting affidavits demonstrates that genuine issues of material fact remain to be resolved by the fact-finder and that these issues preclude entry of summary judgment. Fla.R.Civ.P. 1.510; Watson v. Hahn, 664 So. 2d 1083 (Fla. 5th DCA 1995); Goodman v. Anthony, 269 So. 2d 756 (Fla. 3d DCA 1972). Therefore, we reverse.
Reversed and remanded.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
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Roldan v. State, 676 So. 2d 1029 (Fla. 3d DCA 1996)…e costs, Mr. Margalli?” and defense counsel responded, “No objection, Your Honor.” Prosecution and investigation costs are to be imposed subsequent to a trial court’s consideration of a defendant’s financial resources and needs. Beckford v. State, 667 So. 2d 1007 (Fla. 3d DCA 1996); Burdo v. State, 667 So. 2d 874 (Fla. 3d DCA 1996); Blanco-Diaz v. State, 618 So. 2d 370 (Fla. 3d DCA 1993). § 939.01(5), Fla. Stat. (1995). See also Sutton v. State, 635 So. 2d 1032 (Fla. 2d DCA 1994); Tennie v. State, 593 So. 2d…
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Merrett v. State, 670 So. 2d 1055 (Fla. 3d DCA 1996)…m probationary sentence for petit theft. § 948.16(1), Fla.Stat. (1993). Arnold v. State, 627 So. 2d 1177 (Fla. 4th DCA 1993). Next, The right to appeal the investigative costs cannot be waived by the defendant’s failure to object. Beckford v. State, 667 So. 2d 1007 (Fla. 3d DCA 1996); Burdo v. State, 667 So. 2d 874 (Fla. 3d DCA 1996); Blanco-Diaz v. State, 618 So. 2d 370 (Fla. 3d DCA 1993). Since the probationary term has expired, and the trial court no longer has jurisdiction to decide the appropriateness of…
Authorities Cited
- Gulf Ins. Co. v. Stofman, 664 So. 2d 1083 (Fla. 4th DCA 1995)
- Watson v. Truman Hahn, 664 So. 2d 1083 (Fla. 5th DCA 1995)
- Dora v. Silvia, 269 So. 2d 756 (Fla. 3d DCA 1972)
- Goodman v. Anthony, 269 So. 2d 756 (Fla. 3d DCA 1972)