SANDRA THOMAS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
SANDRA THOMAS, APPELLANT,
STATE OF FLORIDA, APPELLEE
840 So. 2d 449
Florida District Court of Appeal, Fourth District (2003)
Positive Treatment
Cited by 14 cases
Opinion of the Court
PER CURIAM.
Sandra Thomas seeks review of the trial court’s order denying her motion regarding restitution. Thomas alleged that she returned the property at issue, thereby satisfying the restitution component of her sentence. We accept the state’s concession that the case should be reversed and remanded for the evidentiary hearing necessary to resolve the issue. See Weinstein v. State, 745 So. 2d 1085 (Fla. 4th DCA 1999); Musial v. State, 689 So. 2d 1307 (Fla. 5th DCA 1997).
GUNTHER, FARMER and MAY, JJ., concur.
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Mondello v. Torres, 47 So. 3d 389 (Fla. 4th DCA 2010)…50. “[A]s a general rule, a violation of due process occurs when a court determines matters not noticed for hearing and not the subject of appropriate pleadings.” See, e.g., Kanter v. Kanter, 850 So. 2d 682, 685 (Fla. 4th DCA 2003); Fuchs v. Fuchs, 840 So. 2d 449 (Fla. 4th DCA 2003); Stanley-Baker v. Baker, 789 So. 2d 353 (Fla. [*398] 4th DCA 2001). In the case at bar, Wife did move for the application of fees and a post-trial hearing was noticed. It appears that the hearing was canceled because — as the fin…
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Kanter v. Kanter, 850 So. 2d 682 (Fla. 4th DCA 2003)…The courts of this jurisdiction have consistently recognized that, as a general rule, a violation of due process occurs when a court determines matters not noticed for hearing and not the subject of appropriate pleadings. See, e.g., Fuchs v. Flicks, 840 So. 2d 449 (Fla. 4th DCA 2003); Stanley-Baker v. Baker, 789 So. 2d 353 (Fla. 4th DCA 2001); Winddancer v. Stein, 765 So. 2d 747 (Fla. 1st DCA 2000): Szymanski v. Szymanski, 603 So. 2d 73 (Fla. 4th DCA 1992). It is the husband’s contention that his due process…
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Brill v. Brill, 905 So. 2d 948 (Fla. 4th DCA 2005)…rahi v. Mizrahi, 867 So. 2d 1211 (Fla. 3d DCA 2004) (finding trial court denied father’s due process rights when it modified travel restriction contained in order during hear [*953] ing on father’s motion to hold mother in contempt); Fuchs v. Fuchs, 840 So. 2d 449 (Fla. 4th DCA 2003) (finding trial court erred in ruling on matters concerning child custody and child support during hearing noticed for husband’s motion for temporary financial relief); Fickle v. Adkins, 394 So. 2d 461 (Fla. 3d DCA 1981) (finding…
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Weinstein v. State, 745 So. 2d 1085 (Fla. 4th DCA 1999)
- Musial v. State, 689 So. 2d 1307 (Fla. 5th DCA 1997)