Florida District Courts of Appeal, 1988

Duff v. State

Duff v. State
Florida District Courts of Appeal · Decided August 5, 1988 · Lehan, Parker, Threadgill
528 So. 2d 1343; 13 Fla. L. Weekly 1850; 1988 Fla. App. LEXIS 3539; 1988 WL 80898 (Southern Reporter, Second Series)

Duff v. State

Opinion of the Court

PER CURIAM.

The trial court imposed attorney’s fees and court costs on the appellant without *1344notice and a hearing, contrary to Jenkins v. State, 444 So.2d 947 (Fla. 1984). Further, appellant did not waive notice or a hearing in his affidavit of insolvency. Therefore we reverse the order imposing $250 attorney’s fees and $50 court costs, without prejudice to the trial court assessing costs against the appellant after proper notice and hearing. Otherwise, affirmed.

LEHAN, A.C.J., and THREADGILL and PARKER, JJ., concur.

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