PERCY D. PERRY, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
PERCY D. PERRY, APPELLANT,
STATE OF FLORIDA, APPELLEE
682 So. 2d 676
Florida District Court of Appeal, Fourth District (1996)
Positive Treatment
Cited by 2 cases
Opinion of the Court
PER CURIAM.
On October 27, 1995, the trial court entered two conflicting orders relating to appellant’s restitution obligation. One order requires appellant to pay restitution to the victim in an amount to be determined. The other order states that restitution is not ordered and not applicable. We reverse the trial court’s imposition of restitution and remand the cause with instructions for the trial court to resolve the conflict. We affirm the trial court’s determination of credit for jail time served.
AFFIRMED IN PART; REVERSED IN PART and REMANDED.
DELL and SHAHOOD, JJ., and COLBATH, WALTER N., Jr., Associate Judge, concur.
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Charbonneau v. Morse Operations, Inc., 727 So. 2d 1017 (Fla. 4th DCA 1999)…es of any kind shall be settled by arbitration. See id. Based on Turnberry, the court held that the parties’ actions did not constitute an express waiver of their right to have the court decide the issue of fees. See id.; see also Solomon v. Sirkus, 682 So. 2d 676 (Fla. 4th DCA 1996)(in the absence of a stipulation to confer jurisdiction upon the arbitrator to decide the attorney’s fee issue, the arbitrator exceeded [*1021] his scope of authority under section 682.11, Florida Statutes). Like appellees in D.H…