Public-domain · open source
OpenJurist

666 So. 2d 239

Docket No. 95-00942.

Ogden v. State

Michael Hill OGDEN, Petitioner, v. STATE of Florida, Respondent.

District Court of Appeal of Florida

Decided January 3, 1996.

This page is marked noindex.

District Court of Appeal of Florida · decided 1996-01-03

Cited by 2 later decisions — most recently August 2009

2 state decisions

Relies on 658 So. 2d 646 - Parkway Bank v. FORT MYERS ARMATURE WORK

Good law ✅— No negative treatment on recordhow we know

Decided 1996-01-03

View the full empirical analysis of this case →

¶1Julianne M. Holt, Public Defender, and Jorge A. Lorenzo, Assistant Public Defender, Tampa, for Petitioner.

¶2Robert A. Butterworth, Attorney General, Tallahassee, and Stephen D. Ake, Assistant Attorney General, Tampa, for Respondent.

¶3PER CURIAM.

¶4Michael Hill Ogden seeks certiorari review of two orders of the trial court. For the reasons expressed below, we grant the petition in part and quash the order discharging the office of the public defender. We dismiss that portion of the petition seeking review of an order excluding an expert witness on the authority of Parkway Bank v. Fort Myers Armature Works, Inc.,658 So.2d 646 (Fla. 2d DCA 1995).

¶5The adverse evidence before the trial court regarding Ogden's indigency status consisted of hearsay testimony and a financial affidavit filed by Ogden in his divorce proceeding several years earlier. However, Ogden's current financial statement and explanation that his bond was posted by his parents sufficiently overcame the statutory presumption of solvency explained in section 27.52, Florida Statutes (1993). Therefore, we conclude that the trial court abused its discretion in discharging the public defender and quash that order.

¶6Petition granted in part and dismissed in part.

¶7CAMPBELL, A.C.J., and PATTERSON and FULMER, JJ., concur.

/666/so2d/239 · .json · Public domain