DONALD FRANK SWIHART, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
DONALD FRANK SWIHART, APPELLANT,
STATE OF FLORIDA, APPELLEE
721 So. 2d 810
Florida District Court of Appeal, Fifth District (1998)
Negative Treatment
Cited by 9 cases
Opinion of the Court
COBB, Judge.
We grant appellants’ motion for rehearing and certification, rescind our prior opinion, and issue the following opinion:
We affirm on the authority of State v. Baxley, 684 So. 2d 831 (Fla. 5th DCA 1996), rev. denied, 694 So. 2d 737 (Fla.1997). Accord State v. Hayes, 23 Fla. L. Weekly D2184, 720 So. 2d 1095 (Fla. 4th DCA 1998). Contra State v. Holland, 689 So. 2d 1268 (Fla. 1st DCA 1997), State v. Perry, 716 So. 2d 327 (Fla. 2d DCA 1998).
We certify conflict with Holland and Perry,
GOSHORN and THOMPSON, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Kathyrn Hayes v. State, 750 So. 2d 1 (Fla. 1999)…; review granted, 732 So. 2d 330 (Fla.1999), Harris v. State, 726 So. 2d 330 (Fla. 5th DCA), review granted, 732 So. 2d 326 (Fla.1999); State v. Bates, 753 So. 2d 114 (Fla. 4th DCA 1998), review granted, 741 So. 2d 1134 (Fla.1999); Swihart v. State, 721 So. 2d 810 (Fla. 5th DCA 1998), review granted, 729 So. 2d 394 (Fla.1999); State v. Falkenstein, 720 So. 2d 1143 (Fla. 4th DCA 1998), review granted, 729 So. 2d 390 (Fla.1999), and review granted, 732 So. 2d 325 (Fla.1999); Johnson v. State, 23 Fla.L. Weekly D…
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Camara v. State, 916 So. 2d 946 (Fla. 3d DCA 2005)…Dobeck, 473 So. 2d 302 (Fla. 4th DCA 1985). It is also settled that excessive bond, depending on the financial resources of the defendant, is tantamount to no bond at all. Winer v. Spears, 771 So. 2d 621, 622 (Fla. 3d DCA 2000); Mesidor v. Neumann, 721 So. 2d 810 (Fla. 4th DCA 1998). That is why evidence of financial resources of the petitioner must be heard and taken into consideration before bond is set. Martin v. Jenne, 745 So. 2d 412 (Fla. 4th DCA 1999). Where the evidence at a bond hearing is insufficie…
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Mehaffie v. John Rutherford as Sheriff of Duval Cnty., 143 So. 3d 432 (Fla. 1st DCA 2014)…an “excessive bond, depending on the financial resources of the defendant, is tantamount to no bond at all.” Camara v. State, 916 So. 2d 946, 947 (Fla. 3d DCA 2005) (citing Winer v. Spears, 771 So. 2d 621, 622 (Fla. 3d DCA 2000); Mesidor v. Neumann, 721 So. 2d 810 (Fla. 4th DCA 1998)). Here, the bond of $750,009 is excessive in light of the undisputed evidence of Me-haffie’s exemplary employment and armed service history and involvement in his community, along with his financial status. On the record present…
Previewing 3 of 9 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- State v. Baxley, 684 So. 2d 831 (Fla. 5th DCA 1996)
- State v. Hayes, 720 So. 2d 1095 (Fla. 4th DCA 1998)
- The Agency FOR Health Care Admin. v. Palm Springs Gen. Hosp., Inc., 689 So. 2d 1268 (Fla. 1st DCA 1997)
- State v. Holland, 689 So. 2d 1268 (Fla. 1st DCA 1997)
- Hudson v. State Farm Mut. Auto. Ins. Co., 716 So. 2d 327 (Fla. 2d DCA 1998)
- State v. Perry, 716 So. 2d 327 (Fla. 2d DCA 1998)