Ellspermann v. Batson

Supreme Court of Florida

Ellspermann v. Batson

708 So. 2d 277, 23 Fla. L. Weekly Supp. 217, 1998 Fla. LEXIS 608, 1998 WL 161042

CourtSupreme Court of Florida

DecidedApril 9, 1998

DocketNo. 91910

StatusPublished

This text of 708 So. 2d 277 (Ellspermann v. Batson) is published on Counsel Stack Legal Research, covering Supreme Court of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Ellspermann v. Batson, 708 So. 2d 277, 23 Fla. L. Weekly Supp. 217, 1998 Fla. LEXIS 608, 1998 WL 161042 (Fla. 1998).

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Opinion

WELLS,-Justice.

We have for review a decision certifying the following question to be of great public importance:

IS THE COUNTY IN WHICH THE CRIME WAS COMMITTED OBLIGATED TO PAY THE COSTS OF APPELLATE FILING FEES FOR INDIGENT DEFENDANTS?

Batson v. State, 700 So.2d 1244, 1247 (Fla. 5th DCA 1997). We have jurisdiction. Art. V, § 3(b)(4), Fla. Const.

The resolution of this question is controlled by our decision in Milligan v. Palm Beach County Board of County Commissioners, 704 So.2d 1050 (Fla.1998), in which we held that there was no statutory requirement that counties disburse funds to pay appellate filing fees on behalf of indigent criminal defendants. Also, on the same day that we released our opinion in Milligan, we issued a separate administrative order directing the clerks of the appellate courts to stop collecting filing fees for cases filed on behalf of indigents.

Accordingly, we answer the certified question in the negative and quash the district court’s decision.

It is so ordered.

KOGAN, C.J., and OVERTON, SHAW, HARDING, ANSTEAD and PARIENTE, JJ., concur.

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WELLS,-Justice.

We have for review a decision certifying the following question to be of great public importance:

IS THE COUNTY IN WHICH THE CRIME WAS COMMITTED OBLIGATED TO PAY THE COSTS OF APPELLATE FILING FEES FOR INDIGENT DEFENDANTS?

Batson v. State, 700 So.2d 1244, 1247 (Fla. 5th DCA 1997). We have jurisdiction. Art. V, § 3(b)(4), Fla. Const.

The resolution of this question is controlled by our decision in Milligan v. Palm Beach County Board of County Commissioners, 704 So.2d 1050 (Fla.1998), in which we held that there was no statutory requirement that counties disburse funds to pay appellate filing fees on behalf of indigent criminal defendants. Also, on the same day that we released our opinion in Milligan, we issued a separate administrative order directing the clerks of the appellate courts to stop collecting filing fees for cases filed on behalf of indigents.

Accordingly, we answer the certified question in the negative and quash the district court’s decision.

It is so ordered.

KOGAN, C.J., and OVERTON, SHAW, HARDING, ANSTEAD and PARIENTE, JJ., concur.

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Bluebook (online)

708 So. 2d 277, 23 Fla. L. Weekly Supp. 217, 1998 Fla. LEXIS 608, 1998 WL 161042, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ellspermann-v-batson-fla-1998.

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