MICHAEL SUTHERLAND, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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The court held that the record supported the trial court's restitution order for the stolen vehicle.
Michael Sutherland appealed a restitution order of $750 for a stolen car, arguing the amount was excessive for a ten-year-old car with a damaged engin…
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BLUE, Acting Chief Judge.
Michael Sutherland appeals the order of restitution setting $750 as restitution for the victim’s automobile that Sutherland had stolen. We affirm because the record supports the trial court’s restitution order. We write this opinion because we believe the unique argument for reversal advanced by Mr. Permar, the assistant public defender representing Sutherland on appeal, deserves some notoriety. Mr. Permar argues the $750 award is excessive for a ten-year-old car with a “blown” engine and ruined transmission. His contention overlooks the fact that the car was operable when stolen by Sutherland. Indeed, it was Sutherland’s criminal conduct that rendered the car valueless to the victim.
We cannot discern whether Mr. Permar misread the record, failed to read the record, or chose to raise a frivolous point on appeal. In this instance, we will assume the issue raised resulted from a misunderstanding of the facts in a somewhat confusing record. This assumption would have more validity if, after the State had filed its brief and pointed out the true factual scenario leading to the restitution order, Mr. Permar had filed a reply brief conceding the issue.
Affirmed.
WHATLEY and NORTHCUTT, JJ„ concur.
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Fla. Ins. Guar. Ass'n v. Branco, 148 So. 3d 488 (Fla. 5th DCA 2014)…er when party litigated for thirteen months, secured prejudgment writ of garnishment, made multiple requests for admissions, filed pleadings and motions, and contested other party’s pleadings and motions); Gray Mart, Inc. v. Fireman’s Fund Ins. Co., 703 So. 2d 1170, 1171-73 (Fla. 3d DCA 1997) (finding waiver following fourteen months of litigation and demand for appraisal one month before trial). As FIGA notes, the Brancos litigated their case for more than two years with multiple pleadings and discovery requ…
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