MARSHALL ALLEN JOHNSON, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
MARSHALL ALLEN JOHNSON, APPELLANT,
STATE OF FLORIDA, APPELLEE
147 So. 3d 670
Florida District Court of Appeal, Fifth District (2014)
Positive Treatment
Cited by 4 cases
Opinion of the Court
Based on the State’s concession that the judgment below must be corrected, we reverse and remand for the following corrections to the judgment and sentence:
1. $50 of the public defender’s fee shall be removed.
2. The violations of probation shall be removed from the judgment as additional counts.
3. The judgment shall be corrected to show that appellant did not plead guilty to the violation.
Finally, although the issue may not have been properly preserved, it is suggested that the court enter a written order designating the reason for the finding of violation of probation.
REVERSED AND REMANDED
PALMER, LAWSON, JJ., and HARRIS, C. M., Senior Judge, concur.
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Miami-Dade Cnty. v. Thomasena Mitchell, 159 So. 3d 172 (Fla. 1st DCA 2015)…e it is demonstrated that the JCC overlooked or ignored evidence, which if considered by the JCC could change the outcome of the case, the proper remedy is reversal and remand for consideration of this evidence. See Rivas v. Oasis Outsourcing, Inc., 147 So. 3d 670, 672 (Fla. 1st DCA 2014) (“A JCC’s finding of facts will be upheld on appeal if it is supported by the record and if it appears that the JCC did not overlook or ignore [*174] any facts.”) (citing Chavarria v. Selugal Clothing, Inc., 840 So. 2d 1071,…
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Evelina Cuenca v. Nova Se. Univ. & York Risk Servs. Grp., Inc., 160 So. 3d 941 (Fla. 1st DCA 2015)…oreover, [the JCC saw] no basis for a telephonic hearing.” A JCC’s finding of facts will be upheld on appeal if it is supported by the record and if it appears that the JCC did not overlook or ignore any facts. See Rivas v. Oasis Outsourcing, Inc., 147 So. 3d 670, 672-73 (Fla. 1st DCA 2014). Section 440.34(3)(a) provides for the payment of an E/C-paid fee if a claimant successfully asserts a PFB for medical benefits only and has not filed, nor is entitled to file, a claim for indemnity benefits at that point…
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Hershal Brady v. Cypress Commc'ns OF S. Fla. & Amerisure Ins. Co., 169 So. 3d 1283 (Fla. 1st DCA 2015)…nt set by Cuenca v. Nova Southeastern University, 160 So. 3d 941 (Fla. 1st DCA 2015) (reversing order declining to approve $1,500 E/C-paid fee in side stipulation entered simultaneously with washout settlement), and Rivas v. Oasis Outsourcing, Inc., 147 So. 3d 670 (Fla. 1st DCA 2014) (same). The facts of the instant case are sufficiently similar to the facts in Cuenca and Rivas to warrant reversal and remand for the JCC to con [*1285] sider the amount of attorney’s fees award-able for Claimant’s counsel’s eff…
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