CHARLES WILLIAM LAWRENCE AND RICHARD LEWIS KILLEN, APPELLANTS,
v.
STATE OF FLORIDA, APPELLEE
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The Florida Supreme Court reviewed an order denying two nineteen-year-old defendants' applications to be declared insolvent for appeal costs. The court quashed the order, holding that the test for insolvency is the defendant's personal ability to pay, not their family's.
Yes, a defendant is considered insolvent if they personally cannot afford the costs of appeal, regardless of whether their family has the ability or willingness to pay.
“the test on inquiry of insolvency is not whether the prisoner's friends or relatives have the ability or willingness to pay costs but whether the defendant himself has that ability.”
This quote establishes the legal standard for determining insolvency for appeal costs.
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Join FLexlaw to unlock all legal intelligenceTwo nineteen-year-old defendants, Charles William Lawrence and Richard Lewis Killen, applied to be adjudicated insolvent, meaning they were personally…
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DREW, Justice.
This is a certiorari proceeding to review an order of the trial court denying each petitioner’s application to be adjudicated insolvent. The record shows each petitioner is aged nineteen and personally wholly unable to pay the costs of appeal although in each instance the family might he able to bear such costs. Disposition of review of this order is governed by Rastralli v. State, Fla. 1954, 76 So. 2d 270, holding that the test on inquiry of insolvency is not whether the prisoner’s friends or relatives have the ability or willingness to pay costs but whether the defendant himself has that ability.
The order denying the petitions for adjudication'of insolvency is quashed with directions that an order be entered finding each petitioner to be insolvent within the meaning of Section 924.17, F.S.1951, F.S.A. Each 'petitioner also made application to the lower court for supersedeas which was denied. Pursuant to Rule 35(e), 30 F.S.A. Supreme Court Rules, we are asked to review this order. The record fails to show any abuse of .discretion in the denial of such application.
ROBERTS, C. J., and SEBRING, and MATHEWS, JJ., concur. .
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Keur v. State, 160 So. 2d 546 (Fla. 2d DCA 1963)…words “it occurring to the court”. . See, for example, State ex rel. Cheney v. Rowe, 1943, 152 Fla. 316, 11 So. 2d 585. . Accord: Swilley v. State, 1918, 76 Fla. 173, 79 So. 715; Loy v. State, Fla.1954, 74 So. 2d 650; Lawrence v. State, Fla.1954, 76 So. 2d 271; Gaston v. State, Fla.App.1958, 106 So. 2d 622. . Chapter 63-409, Laws of Florida 1963, F.S.A. § 27.50 et seq. Accord: Rolle v. State, 1934, 115 Fla. 64, 154 So. 892; Loy v. State, Fla.1954, 74 So. 2d 650; Brizzie v. State, Fla.App.1960, 120 So. 2d…
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Johnson v. The Honorable Arthur I. Snyder, 417 So. 2d 783 (Fla. 3d DCA 1982)…r relatives have paid related costs, United States ex rel. Reis v. Leppig, 256 F.Supp. 881 (1966), aff’d sub nom. Buchanan v. United States ex rel. Reis, 379 F. 2d 612 (5th Cir. 1967); Rastralli v. State, 76 So. 2d 270 (Fla.1954); Lawrence v. State, 76 So. 2d 271 (Fla.1954); or that a defendant has no remaining funds, Arline v. State, 277 So. 2d 791 (Fla. 1st DCA 1973); see also Baker v. State, 42 So. 2d 768 (Fla.1949). Respondent’s contentions have been rejected in other jurisdictions as well: e.g., People…
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In the Interest of L. G. T., 216 So. 2d 54 (Fla. 4th DCA 1968)…. Griffin v. People of State of Illinois, 1956, 351 U.S. 12, 76 S.Ct. 585, 100 L.Ed. 891. . F.S.1967, Section 924.17, F.S.A. . Keur v. State, Fla.App.1963, 160 So. 2d 546; Gaston v. State, Fla.App.1958, 106 So. 2d 622; Lawrence v. State, Fla.1954, 76 So. 2d 271; Rastralli v. State, Fla.1954, 76 So. 2d 270; Loy v. State, Fla.1954, 74 So. 2d 650; Baker v. State, Fla.1949, 42 So. 2d 768; Rast v. State, 1919, 77 Fla. 225, 81 So. 523. . Note 5, supra.…
Authorities Cited
- Rastralli v. State, 76 So. 2d 270 (Fla. 1954)