HEATHER GRANT
v.
STATE OF FLORIDA
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A restitution order must be supported by legally sufficient proof of the amount awarded.
[1] Restitution awards must be supported by legally sufficient evidence; an order lacking such evidentiary support is subject to reversal.
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Join FLexlaw to unlock all legal intelligenceA trial court ordered restitution in the amount of $107,333.00. The appellate court found insufficient legal evidence to support this specific amount.…
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September 14, 2018 PER CURIAM.
Given the lack of legally sufficient proof to support restitution in the amount of $107,333.00, we reverse the final order of restitution and remand this cause to the trial court to conduct a new evidentiary hearing to determine the appropriate amount of restitution. See Glaubius v. State, 688 So. 2d 913, 916 (Fla. 1997); D.E.M. v. State, 109 So. 3d 1229, 1232 (Fla. 1st DCA 2013).
REVERSED and REMANDED with instructions.
WOLF, JAY, and WINSOR, JJ., concur. _____________________________ Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331.
_____________________________ James P. Waczewski, Waczewski Law Group, Tallahassee, for Appellant. Pamela Jo Bondi, Attorney General, and Holly N. Simcox, Assistant Attorney General, Tallahassee, for Appellee.
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Citator
Authorities Cited
- Glaubius v. State, 688 So. 2d 913 (Fla. 1997)
- D.E.M. v. State, 109 So. 3d 1229 (Fla. 1st DCA 2013)