Landry v. State

District Court of Appeal of Florida

Landry v. State

539 So. 2d 612, 14 Fla. L. Weekly 723, 1989 Fla. App. LEXIS 1429, 1989 WL 24740

CourtDistrict Court of Appeal of Florida

DecidedMarch 22, 1989

DocketNo. 87-1608

StatusPublished

This text of 539 So. 2d 612 (Landry 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

Landry v. State, 539 So. 2d 612, 14 Fla. L. Weekly 723, 1989 Fla. App. LEXIS 1429, 1989 WL 24740 (Fla. Ct. App. 1989).

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Opinion

HERSEY, Chief Judge.

Because appellant had no notice and, therefore, as a logical consequence, no opportunity to be heard on the appropriateness of costs taxed against him, we reverse [613]*613and remand as to costs without prejudice to the state to again move to tax costs. Consequently, we do not address appellant’s argument that certain of the costs could not properly be assessed against him, having held here, in essence, that none of the costs were correctly assessed.

REVERSED AND REMANDED.

WALDEN and GARRETT, JJ., concur.

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HERSEY, Chief Judge.

Because appellant had no notice and, therefore, as a logical consequence, no opportunity to be heard on the appropriateness of costs taxed against him, we reverse [613]*613and remand as to costs without prejudice to the state to again move to tax costs. Consequently, we do not address appellant’s argument that certain of the costs could not properly be assessed against him, having held here, in essence, that none of the costs were correctly assessed.

REVERSED AND REMANDED.

WALDEN and GARRETT, JJ., concur.

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Bluebook (online)

539 So. 2d 612, 14 Fla. L. Weekly 723, 1989 Fla. App. LEXIS 1429, 1989 WL 24740, Counsel Stack Legal Research, https://law.counselstack.com/opinion/landry-v-state-fladistctapp-1989.