Kirshner v. State

District Court of Appeal of Florida

Kirshner v. State

533 So. 2d 322, 13 Fla. L. Weekly 2476, 1988 Fla. App. LEXIS 4904, 1988 WL 118087

CourtDistrict Court of Appeal of Florida

DecidedNovember 10, 1988

DocketNo. 88-1446

StatusPublished

Cited by2 cases

This text of 533 So. 2d 322 (Kirshner 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.

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Kirshner v. State, 533 So. 2d 322, 13 Fla. L. Weekly 2476, 1988 Fla. App. LEXIS 4904, 1988 WL 118087 (Fla. Ct. App. 1988).

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Opinion

ORFINGER, Judge.

The trial court erred in summarily denying the indigent appellant’s motion for post-conviction relief with respect to his claim that costs were imposed upon him without adequate notice and opportunity to be heard. The record supports appellant’s contention. Costs may not be assessed without notice or an opportunity to object. Harriet v. State, 520 So.2d 271 (Fla.1988); Mays v. State, 519 So.2d 618 (Fla.1988); Morgan v. State, 527 So.2d 968 (Fla. 5th DCA 1988); Singletary v. State, 530 So.2d 460 (Fla. 5th DCA 1988). We reverse the order appealed from insofar as it summarily denied relief on the cost issue. On remand and after proper notice, the court may reconsider the imposition of costs. Except as to the issue of costs, the judgment denying relief is otherwise affirmed.

Costs VACATED; REMANDED.

SHARP, C.J., and COWART, J., concur.

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ORFINGER, Judge.

The trial court erred in summarily denying the indigent appellant’s motion for post-conviction relief with respect to his claim that costs were imposed upon him without adequate notice and opportunity to be heard. The record supports appellant’s contention. Costs may not be assessed without notice or an opportunity to object. Harriet v. State, 520 So.2d 271 (Fla.1988); Mays v. State, 519 So.2d 618 (Fla.1988); Morgan v. State, 527 So.2d 968 (Fla. 5th DCA 1988); Singletary v. State, 530 So.2d 460 (Fla. 5th DCA 1988). We reverse the order appealed from insofar as it summarily denied relief on the cost issue. On remand and after proper notice, the court may reconsider the imposition of costs. Except as to the issue of costs, the judgment denying relief is otherwise affirmed.

Costs VACATED; REMANDED.

SHARP, C.J., and COWART, J., concur.

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Bluebook (online)

533 So. 2d 322, 13 Fla. L. Weekly 2476, 1988 Fla. App. LEXIS 4904, 1988 WL 118087, Counsel Stack Legal Research, https://law.counselstack.com/opinion/kirshner-v-state-fladistctapp-1988.

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