FE A. PENN, APPELLANT,
v.
C & S FAMILY CREDIT, INC., APPELLEE
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NIMMONS, Judge.
This is an appeal from a final judgment of foreclosure. With one exception, we affirm.
The only error made by the trial court concerns the amount of interest awarded under the final judgment. At the final hearing, the court and'both parties agreed to calculating the interest owed by applying the 12.9 percent original note rate to the principal balance from November 1 through the date of the hearing, and deducting from the total the payments made by Ms. Penn. Assuming the calculations made by appellant in her brief are correct (appellee does not disagree), there is a significant discrepancy between the interest calculated pursuant to the method agreed to at the hearing below and the interest actually awarded in the final judgment.
Accordingly, the award of interest is REVERSED and this case REMANDED for a recalculation of the interest pursuant to the method agreed upon at the final hearing.
SMITH and ALLEN, JJ., concur.
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Butts v. State, 575 So. 2d 1379 (Fla. 5th DCA 1991)…proposed order of restitution and present evidence of his or her inability to pay at the time the restitution is ordered; otherwise, a defendant will waive this argument. See Spivey v. State, 531 So. 2d 965, 967, n. 2 (Fla.1988); Williams v. State, 565 So. 2d 849, 851 (Fla. 1st DCA 1990); Dickens v. State, 556 So. 2d 782, 785 (Fla. 2d DCA 1990); Abbott v. State, 543 So. 2d 411, 413 (Fla. 1st DCA 1989); Hamrick v. State, 532 So. 2d 71, 72 (Fla. 1st DCA 1988); Morgan v. State, 491 So. 2d 326, 327 (Fla. 1st DCA…
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Clemond Edward Harris v. State, 593 So. 2d 1169 (Fla. 1st DCA 1992)…needs and earning ability of the defendant and his dependents, and such other factors which it deems appropriate. A defendant is not entitled to advance notice before the trial court imposes restitution under section 775.089, see Williams v. State, 565 So. 2d 849, 851 (Fla. 1st DCA 1990), and this court has ruled that generally a defendant’s failure to assert an inability to pay restitution is treated as a waiver, of the right to raise the issue on appeal. See Williams v. State, 565 So. 2d at 851; Hawthorne…
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Padilla v. State, 622 So. 2d 160 (Fla. 4th DCA 1993)…24 (Fla. 4th DCA 1991). The state concedes that this was error, but argues that appellant waived the right to appellate review on this issue, as he did not object below to the trial court's failure to make the proper inquiry. See Williams v. State, 565 So. 2d 849 (Fla. 1st DCA 1990). The record of the sentencing reflects that the state advised the trial court in appellant’s presence that it was seeking $17,800 in restitution from appellant for the amount of the victim’s medical debts incurred as a result of…
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