ERNESTO POUX, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
ERNESTO POUX, APPELLANT,
STATE OF FLORIDA, APPELLEE
936 So. 2d 752
Florida District Court of Appeal, Fourth District (2006)
Positive Treatment
Cited by 4 cases
Opinion of the Court
PER CURIAM.
Affirmed. See Fla. R.Crim. P. 3.850(b). With respect to appellant’s apparently timely claim of misadviee as to the sentence-enhancing consequences of his plea, we affirm in light of State v. Dickey, 928 So. 2d 1193 (Fla.2006).
WARNER, KLEIN and SHAHOOD, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Wiesenthal v. Wiesenthal, 154 So. 3d 488 (Fla. 4th DCA 2015)…be reversed.”). As for the $3,075 in additional fees awarded to the former wife, it suffers from the same deficiencies that required reversal of the $18,000 fee award — it is not supported by the required factual findings. See Peterson v. DeLuca, 936 So. 2d 752, 753 (Fla. 4th DCA 2006) (“A trial court cannot award attorney’s fees without making findings as to one spouse’s ability to pay fees and the other spouse’s need to have the fees paid.”); see also Glass v. Glass, 49 So. 3d 867 (Fla. 4th DCA 2010) (re…
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Wiesenthal v. Wiesenthal, 154 So. 3d 484 (Fla. 4th DCA 2015)…sition is “much better” than the former wife’s. This is insufficient. “A trial court cannot award attorney’s fees without making findings as to one spouse’s ability to pay fees and the other spouse’s need to have the fees paid.” Peterson v. DeLuca, 936 So. 2d 752, 753 (Fla. 4th DCA 2006); see also Fichtel v. Fichtel, 141 So. 3d 593, 596 (Fla. 4th DCA 2014) (recognizing factual findings are “critical” in awarding section 61.16 fees and absence of such findings hampers appellate review). The absence of such fi…
Authorities Cited
- State v. Dickey, 928 So. 2d 1193 (Fla. 2006)