Demelo v. State

District Court of Appeal of Florida

Demelo v. State

522 So. 2d 98, 13 Fla. L. Weekly 746, 1988 Fla. App. LEXIS 1111, 1988 WL 23457

CourtDistrict Court of Appeal of Florida

DecidedMarch 22, 1988

DocketNo. 87-958

StatusPublished

This text of 522 So. 2d 98 (Demelo 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

Demelo v. State, 522 So. 2d 98, 13 Fla. L. Weekly 746, 1988 Fla. App. LEXIS 1111, 1988 WL 23457 (Fla. Ct. App. 1988).

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Opinion

PER CURIAM.

The order assessing appellate court filing fees and costs for the record on appeal was error since the defendant had been adjudged insolvent. Cliburn v. State, 510 So.2d 1155, 1156 (Fla. 3d DCA 1987).

It was likewise error to assess trial court costs authorized pursuant to sections 943.-25(4) and 960.20, Florida Statutes (1985) before affording the defendant notice thereof and an opportunity to defend. Jenkins v. State, 444 So.2d 947, 950 (Fla.1984); Cliburn.

Accordingly, the order assessing appellate court filing fees and costs for preparation of the record on appeal is reversed. The order assessing trial court costs and imposing a lien against the defendant is reversed for further proceedings. Reversed and remanded.

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PER CURIAM.

The order assessing appellate court filing fees and costs for the record on appeal was error since the defendant had been adjudged insolvent. Cliburn v. State, 510 So.2d 1155, 1156 (Fla. 3d DCA 1987).

It was likewise error to assess trial court costs authorized pursuant to sections 943.-25(4) and 960.20, Florida Statutes (1985) before affording the defendant notice thereof and an opportunity to defend. Jenkins v. State, 444 So.2d 947, 950 (Fla.1984); Cliburn.

Accordingly, the order assessing appellate court filing fees and costs for preparation of the record on appeal is reversed. The order assessing trial court costs and imposing a lien against the defendant is reversed for further proceedings. Reversed and remanded.

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Bluebook (online)

522 So. 2d 98, 13 Fla. L. Weekly 746, 1988 Fla. App. LEXIS 1111, 1988 WL 23457, Counsel Stack Legal Research, https://law.counselstack.com/opinion/demelo-v-state-fladistctapp-1988.

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