Adair v. State

District Court of Appeal of Florida

Adair v. State

558 So. 2d 203, 1990 Fla. App. LEXIS 1897, 1990 WL 32449

CourtDistrict Court of Appeal of Florida

DecidedMarch 21, 1990

DocketNo. 89-2405

StatusPublished

Cited by1 cases

This text of 558 So. 2d 203 (Adair v. State) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Adair v. State, 558 So. 2d 203, 1990 Fla. App. LEXIS 1897, 1990 WL 32449 (Fla. Ct. App. 1990).

Pincite

Opinion

BARFIELD, Judge.

Donald Eugene Adair untimely appeals the imposition of a statutory attorney’s fee and court costs. We grant the belated appeal, reverse the imposition of the fee and costs and remand with directions that the trial court afford Adair proper notice and opportunity to object to the imposition of the fees and costs. Jenkins v. State, 444 So.2d 947 (Fla.1984). Because we find the Florida Supreme Court’s analysis and holding in Jenkins and subsequent decisions unequivocal, we deny the State’s request to certify this issue to the Florida Supreme Court notwithstanding recent federal decisions. See e.g., United States v. Pagan, 785 F.2d 378 (2d Cir.), cert. denied, 479 U.S. 1017, 107 S.Ct. 667, 93 L.Ed.2d 719 (1986).

REVERSE and REMAND.

SHIVERS, C.J., and WIGGINTON, J„ concur.

Free access — add to your briefcase to read the full text and ask questions with AI

BARFIELD, Judge.

Donald Eugene Adair untimely appeals the imposition of a statutory attorney’s fee and court costs. We grant the belated appeal, reverse the imposition of the fee and costs and remand with directions that the trial court afford Adair proper notice and opportunity to object to the imposition of the fees and costs. Jenkins v. State, 444 So.2d 947 (Fla.1984). Because we find the Florida Supreme Court’s analysis and holding in Jenkins and subsequent decisions unequivocal, we deny the State’s request to certify this issue to the Florida Supreme Court notwithstanding recent federal decisions. See e.g., United States v. Pagan, 785 F.2d 378 (2d Cir.), cert. denied, 479 U.S. 1017, 107 S.Ct. 667, 93 L.Ed.2d 719 (1986).

REVERSE and REMAND.

SHIVERS, C.J., and WIGGINTON, J„ concur.

Cite This Page — Counsel Stack

Bluebook (online)

558 So. 2d 203, 1990 Fla. App. LEXIS 1897, 1990 WL 32449, Counsel Stack Legal Research, https://law.counselstack.com/opinion/adair-v-state-fladistctapp-1990.

Opinion

Related

Cite This Page — Counsel Stack