From Casetext: Smarter Legal Research

Rodriguez v. State

District Court of Appeal of Florida, Second District
Jul 18, 1984
453 So. 2d 466 (Fla. Dist. Ct. App. 1984)

Opinion

Nos. 83-2266, 83-2267.

July 18, 1984.


ON MOTION FOR REHEARING


Appellant's motion for rehearing is granted. The opinion rendered in this cause on May 18, 1984, is withdrawn and the following opinion substituted.

Upon review of the briefs and record on appeal in this cause, we hold appellant has failed to demonstrate reversible error.

After hearing, the trial court adjudged appellant insolvent and assessed in each case $250 in attorney fees and $50 in costs pursuant to section 27.56, Florida Statutes (1983). However, the record shows that appellant was not given adequate notice of nor afforded an opportunity to object to the assessments. Accordingly, we strike these costs without prejudice to the trial court to assess costs in accordance with the procedure outlined in section 27.56, Florida Statutes (1983). See Jenkins v. State, 444 So.2d 947 (Fla. 1984).

We affirm the trial court's judgments and sentences in all other respects.

BOARDMAN, A.C.J., and DANAHY and CAMPBELL, JJ., concur.


Summaries of

Rodriguez v. State

District Court of Appeal of Florida, Second District
Jul 18, 1984
453 So. 2d 466 (Fla. Dist. Ct. App. 1984)
Case details for

Rodriguez v. State

Case Details

Full title:LUIS RODRIGUEZ, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court:District Court of Appeal of Florida, Second District

Date published: Jul 18, 1984

Citations

453 So. 2d 466 (Fla. Dist. Ct. App. 1984)