Opinion

State v. M.C.

  • 20 Fla. L. Weekly Supp. 354
  • 666 So. 2d 877
  • 1995 Fla. LEXIS 1162
Court
Supreme Court of Florida
Filed
Jul 20, 1995
Status
Published
Author
Anstead
On the bench
Anstead, Grimes, Harding, Kogan, Only, Overton, Shaw, Wells
Cited by
14 cases

approving holding that where trial court merely reserved jurisdiction on question of restitution at hearing and ordered restitution more than 60 days later, orders of restitution had to be reversed

How later courts described this case

  • approving holding that where trial court merely reserved jurisdiction on question of restitution at hearing and ordered restitution more than 60 days later, orders of restitution had to be reversed
  • “Further, it is the general rule in Florida that a trial court may not modify, amend, or vacate an order of final judgment except as provided by rule or statute.”

Written by the judges who cited it.

The opinion

ANSTEAD, Justice,

specially concurring.

Athough I agree with the result reached in the majority opinion, I would prefer a procedure whereby restitution would either be determined and ordered in the original imposition of sanctions, or the trial court could expressly reserve jurisdiction in the original judgment to impose restitution at a later time. We have simply failed, prior to this decision, to make the sixty-day period provided in the criminal rules applicable to juvenile proceedings.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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