WALTER CINTRON, APPELLANT,
v.
CARMEN MARTINEZ F/K/A CARMEN CINTRON, APPELLEE
WALTER CINTRON, APPELLANT,
CARMEN MARTINEZ F/K/A CARMEN CINTRON, APPELLEE
893 So. 2d 689
Florida District Court of Appeal, Fifth District (2005)
Negative Treatment
Cited by 9 cases
Opinion of the Court
MONACO, J.
Walter Cintron, who is in prison, appeals an order denying his petition to modify and suspend his child support obligation because of his imprisonment. The Florida Supreme Court has articulated the procedure to be used in considering such cases. See Dep’t of Revenue v. Jackson, 846 So. 2d 486 (Fla.2003). As the Department of Revenue agrees, the trial court did not follow the procedure specified in Jackson. Accordingly, we reverse with instructions to the circuit court to reconsider Mr. Cin-tron’s motion in light of Jackson.
REVERSED and REMANDED.
SAWAYA, C.J. and PETERSON, J., concur.
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Taylor v. State, 242 So. 3d 1203 (Fla. 5th DCA 2018)…lkes v. State, 221 So. 3d 789, 790 (Fla. 5th DCA 2017). We therefore remand for the trial court to strike these costs from the judgment, noting that the State should be given the opportunity to request the imposition of costs. See McCarthy v. State, 893 So. 2d 689, 690 (Fla. 5th DCA 2005). We also remand for the trial court to correct the scrivener's error in the judgment, which failed to indicate that Taylor was tried by a jury and found guilty. See Harvey v. State, 146 So. 3d 66, 66 (Fla. 5th DCA 2014). I…
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Foulkes v. State, 221 So. 3d 789 (Fla. 5th DCA 2017)…agree with Foulkes that the trial court erred in imposing costs of investigation where the State did not expressly request these costs, On remand, the State shall be afforded another opportunity to request costs of investigation. McCarthy v. State, 893 So. 2d 689, 690 (Fla. 5th DCA 2005). AFFIRMED, in part; REVERSED; in part; and REMANDED. COHEN, C.J., and TORPY and EVANDER, JJ., concur.…
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Richards v. State, 258 So. 3d 576 (Fla. 5th DCA 2018)
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- Dep't OF Revenue v. Jackson, 846 So. 2d 486 (Fla. 2003)