GRACE BERGMAN, APPELLANT,
v.
SANDRA KAPLAN, APPELLEE

Fla. 4th DCA | 2006-07-26
No. 4D06-1356
STEVENSON, C.J., WARNER and SHAHOOD, JJ., concur.
933 So. 2d 723 Florida District Court of Appeal, Fourth District (2006) Positive Treatment
Cited by 9 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

Upon appellee’s concession of error, the order awarding attorney’s fees is reversed upon the authority of Saia Motor Freight Line, Inc. v. Reid, 930 So. 2d 598 (Fla. 2006).

STEVENSON, C.J., WARNER and SHAHOOD, JJ., concur.


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  • DeLUISE v. State, 72 So. 3d 248 (Fla. 4th DCA 2011)
    …some portion of the substantial losses suffered by the victims, we cannot countenance this type of offer. It violates equal protection because it results in a harsher punishment for an offender who does not have the means to pay. Cf. Smith v. State, 933 So. 2d 723, 725 (Fla. 2d DCA 2006) (stating in dicta that a [*254] similar condition in a plea agreement was “morally repugnant” and questioning “the wisdom of plea agreements that permit longer prison terms for poor people whose relatives have failed to raise…
  • Noel v. State, 127 So. 3d 769 (Fla. 4th DCA 2013)
    …e Second District found it unconstitutional for a trial judge to make a more lenient sentence expressly conditional on the defendant’s payment of restitution even though the defendant had no ability to pay restitution. Similarly, in Smith v. State, 933 So. 2d 723, 725 (Fla. 2d DCA 2006), the Second District described a plea agreement, which was conditioned upon the payment of restitution by a relative of the indigent defendant, as “morally repugnant.” The court questioned “the wisdom of plea agreements that…
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  • Vasseur v. State, 252 So. 3d 387 (Fla. 2d DCA 2018)

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