WAYNE R. NEHRKE, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 1st DCA | 1996-12-02
No. 95-3160
ALLEN, WEBSTER and MICKLE, JJ., concur.
683 So. 2d 641 Florida District Court of Appeal, First District (1996) Positive Treatment
Cited by 10 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

Wayne Nehrke appeals his conviction for vehicular homicide following a jury trial. As to his first and second issues, we affirm. As to the third issue, we strike the “fine and costs in the amount of $500” and remand in accordance with Reyes v. State, 655 So. 2d 111 (Fla. 2d DCA 1995) (en banc), Wainwright v. State, 672 So. 2d 659 (Fla. 1st DCA 1996), Bradshaw v. State, 638 So. 2d 1024 (Fla. 1st DCA 1994) (order must cite proper statutory basis for assessment of costs), and Raimondo v. State, 666 So. 2d 180 (Fla. 2d DCA 1995) (striking order imposing “court costs of $100.00” without delineating statutory authority for those costs).

AFFIRMING conviction; STRIKING costs and REMANDING; and AFFIRMING sentence in all other respects.

ALLEN, WEBSTER and MICKLE, JJ., concur.


Cases With Similar Vibessemantic neighbors from the corpus


Citator

Cited By

  • Taran v. Blue Cross Blue Shield OF Fla., Inc., 685 So. 2d 1004 (Fla. 3d DCA 1997)
    …have standing in order to be able to proceed with the class action. The court entered summary judgment in favor of defendants, and plaintiffs have appealed. We affirm the summary judgment on authority of Baptist Hospital of Miami, Inc. v. DeMario, 683 So. 2d 641 (Fla. 3d DCA 1996). In that case, the trial court proceeded to consideration of class certification without resolving a substantial challenge that had been raised with respect to the class plaintiffs standing. In quashing the trial court order, this…
    1 / 2
  • W.S. Badcock Corp. v. Webb, 699 So. 2d 859 (Fla. 5th DCA 1997)
    …ntiffs have representative capacity, as defined by Federal Rule of Civil Procedure 23(a), to assert the rights of others), cert. denied, 486 U.S. 1005, 108 S.Ct. 1729, 100 L.Ed.2d 193 (U.S.Fla.1988); see also Baptist Hosp. of Miami, Inc. v. Demario, 683 So. 2d 641, 643 (Fla. 3d DCA 1996) (court determined inter alia that if the putative class representative has no standing, he has no right to pursue the case as a class action). The trial court’s decision that the former dealers, Webb and Keene, have standing…
  • Commonwealth Land Title Ins. Co. v. Higgins, 975 So. 2d 1169 (Fla. 1st DCA 2008)
    …s a general rule, however, precertification discovery should be limited to matters relevant to class certification, not the merits of the case. Policastro v. Stelk, 780 So. 2d 989, 991 (Fla. 5th DCA 2001); see also Baptist Hosp. of Miami v. DeMario, 683 So. 2d 641, 643 (Fla. 3d DCA 1996)(granting a petition for certiorari, quashing the trial court’s order denying petitioner’s motion for protective order, and remanding with directions that the trial court stay merits discovery “pending its determination of [re…

Previewing 3 of 9 citing cases — full citator treatment, depth of discussion, and citing context are member features.

Join FLexlaw to unlock all legal intelligence

Authorities Cited

Full citator, related cases, and AI research tools

Open in FLexlaw