BENIGNO REYES, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
BENIGNO REYES, APPELLANT,
STATE OF FLORIDA, APPELLEE
541 So. 2d 174
Florida District Court of Appeal, Fourth District (1989)
Caution
Cited by 12 cases
Opinion of the Court
PER CURIAM.
We affirm. Nevertheless, we vacate the portion of the sentence imposing costs pursuant to section 27.3455, Florida Statutes (1987). Upon remand, the trial court must give the defendant the opportunity to be heard to determine whether he has the ability to pay costs. Jenkins v. State, 444 So. 2d 947 (Fla.1984), and Shipley v. State, 528 So. 2d 902 (Fla.1988).
AFFIRMED IN PART, REVERSED AND REMANDED IN PART.
DOWNEY, LETTS and DELL, JJ., concur.
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Heilman v. Heilman, 596 So. 2d 1046 (Fla. 1992)…y v. Slattery, 528 So. 2d 1377 (Fla. 4th DCA 1988), and Rosenberg v. Rosenberg, 566 So. 2d 950 (Fla. 4th DCA 1990), relied on by the petitioner, are inapplicable because they involved proceedings under rule 1.490, not rule 1.491. Oliveri v. Oliveri, 541 So. 2d 174 (Fla. 4th DCA 1989), did involve proceedings under rule 1.491 but is distinguishable. In that case, the “motion for temporary relief was automatically referred to a hearing officer for determination pursuant to Florida Rule of Civil Procedure 1.491…
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Heilman v. Heilman, 583 So. 2d 442 (Fla. 4th DCA 1991)…PER CURIAM. Consistent with our opinion in Oliveri v. Oliveri, 541 So. 2d 174 (Fla.4th DCA 1989), we affirm the order of the trial court. However, we certify the following question of great public importance to the Florida Supreme Court: IS THE CONSENT OF BOTH PARTIES REQUIRED BEFORE A CHILD SUPPORT ENFORCEMENT ISSUE MAY BE…
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Hulett Env't Servs., Inc. v. Advantage Pest Related Servs., Inc., 778 So. 2d 478 (Fla. 4th DCA 2001)…master, either general or special, without the consent of the parties.” See also Rapaport v. Jewish Federation of Palm Beach County, Inc., 627 So. 2d 617 (Fla. 4th DCA 1993); Miller v. Lifshutz, 558 So. 2d 195 (Fla. 4th DCA 1990); Oliveri v. Oliveri 541 So. 2d 174 (Fla. 4th DCA 1989). Certiorari granted. DELL, STONE, and FARMER, JJ., concur.…
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- Jenkins v. State, 444 So. 2d 947 (Fla. 1984)
- Shipley v. State, 528 So. 2d 902 (Fla. 1988)