WALTER MANNING, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
PER CURIAM.
Upon the State’s proper confession of error in Case No. 92-39709B, we reverse the summary denial of appellant’s postconviction motion to correct his sentence. When appellant was sentenced for violating his community control, the trial court erroneously failed to credit him for time served in prison during the incarcerative portion of his original split sentence. The matter is remanded to the trial court for the proper calculation and award of appellant’s prison time credit in Case No. 92-39709B. In Case No. 96-12628, we find no error and the order of the trial court is affirmed.
Reversed in part and remanded with instructions and affirmed in part.
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Rogers v. Rogers, 824 So. 2d 902 (Fla. 3d DCA 2002)…payment would continue in the future”); Ordini v. Ordini, 701 So. 2d 663, 666 (Fla. 4th DCA 1997)(holding that “provisions of chapter 61 are broad enough to include regular gifts in determining income for purposes of child support”); Cooper v. Kahn, 696 So. 2d 1186, 1188 (Fla. 3d DCA 1997)(holding that trial court did not err in imputing income to wife for purposes of child support “based on the continued monthly payment of [wife’s] living expenses” by wife’s mother); Meighen v. Meighen, 813 So. 2d 173, 176 (F…
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Ordini v. Ordini, 701 So. 2d 663 (Fla. 4th DCA 1997)…gifts have been considered. The third district recently held that the trial court did not err in imputing income to the wife for purposes of child support, based on monthly payments of the wife’s living expenses by the wife’s mother. Cooper v. Kahn, 696 So. 2d 1186 (Fla. 3d DCA 1997). The court noted that the definition of income in the definitions section of chapter 61 defines income as including “payments, made by any person.” § 61.046, Fla. Stat. (1995). The court also noted that section 61.30(2)(a)13, Flor…
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Schmachtenberg v. Schmachtenberg, 34 So. 3d 28 (Fla. 3d DCA 2010)…have been considered. The third district recently held that the trial court did not err in imputing income to the wife for purposes of child support, based on monthly payments of the wife’s living [*39] expenses by the wife’s mother. Cooper v. Kahn, 696 So. 2d 1186 (Fla. 3d DCA 1997).... The court concluded that it was within the trial court’s discretion to include ... gifts, which were “continuing and ongoing,” and distinguished the “sporadic gifts” in Sol. Id. at 664-665. This is especially so, according t…
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