Florida/Georgia Personal Injury & Workers Compensation

...We turn now to the question of Keur's insolvency. Neither the Act creating the office of public defender nor the other statutes pertaining to indigent defendants defines insolvency or establishes guide lines for determination of the question. However, § 924.17, Florida Statutes, F.S.A., does set forth a form of oath; and an oath in the statutory language is sufficient, *549 if true, to establish insolvency....

...him insolvent, and the public defender is required to represent the defendant. [5] Rast v. State, 1919, 77 Fla. 225, 81 So. 523, was a case in which the defendant had been convicted of embezzlement of approximately $100,000. Pursuant to what is now § 924.17, Florida Statutes, supra, he made an affidavit of insolvency....

...olvent. In Anderson v. State, Fla. 1956, 85 So.2d 123, the defendant had a family dependent upon him for support, and his income was barely sufficient for that purpose. Having no other property or assets, the defendant was held to be insolvent under § 924.17, supra....

...When the defendant in any criminal case pending in any circuit or county court, a district court of appeal or the supreme court of this state has been adjudged *569 insolvent by the circuit judge or the judge of the county court, upon affidavit and proof as required by § 924.17 in cases of appeal, or when the defendant is discharged or the judgment reversed, the costs allowed by law shall be paid by the county in which the crime was committed, upon presentation to the county commissioners of a certified copy of th...

...Our concern was generated by the denial of the order of insolvency on the ground that the trial judge deemed the appeal frivolous. We have held that the denial of an application for an adjudication of insolvency can have the effect of illegally precluding appellate review. Loy v. State, Fla., 74 So.2d 650. Under Section 924.17, Florida Statutes, F.S.A., the petitioner was entitled to an adjudication on the merits of his motion for a determination of his insolvency....

...The petitioner had a right to present his matter to the proper appellate court. If he was in fact insolvent, as he would likely be after twenty years of imprisonment, he was entitled to have this fact settled so that he could at least file his appeal papers without payment of costs. Section 924.17, supra....

...cause in which he was convicted and in which a senténce and judgment to the State Prison now appears of record against him. He made oath and offered to establish by creditable and satis *318 factory testimony to the lower court, in conformity with Section 924.17, Florida Statutes 1941, that he had no property or means of payment of the costs in his possession or control, nor had he divested himself of his property for the purpose of receiving benefit from his oath; that he was unable to enter...

...the final order, sentence or judgment in the premises. On this record it is reasonable to assume that the motion and affidavit presented to the trial court in support of his application for an insolvency order conformed to the several provisions of Section 924.17, supra....

...The alternative writ commands the Honorable R. H. Rowe, circuit judge, to exercise the jurisdiction conferred upon him by law, and when exercising the jurisdiction so conferred he well hear all the evidence offered by the petitioner and the State of Florida under the provisions of Section 924.17, supra, on the question of the solvency or insolvency of the petitioner, and after hearing all of the evidence submitted, will make findings of fact, and then make and enter an order adjudging the petitioner either solvent or insolvent...

...vency as, that power was transferred to the Supreme Court of Florida when the appeal was taken; (4) that the power to enter the insolvency order was limited to the time prescribed by statute when the court was in session in Suwannee County, Florida. Section 924.17 supra, is a re-enactment of Section 8468 C.G.L....

...ory process for the attendance of witnesses in his favor. Thus it is observed that the petitioner has a right to appeal and be heard by the Supreme Court of Florida vouchsafed to him both by our Constitution and a statute. The construction placed On Section 924.17 supra, should not be such as to complicate or possibly impair these recognized or established rights, but should be liberally construed so as to accomplish the intention of the lawmakers. See 4 C.J.S. p. 983, par. 523. The legal sufficiency of the application made under the provisions of Section 924.17, Florida Statutes 1941, or the testimony in support thereof, nor the merits of the claim of insolvency were considered by the respondent....

...The power by' the Legislature to make insolvency orders was solely con *321 ferred on the circuit judges and the judges of the criminal courts of record. See Sections 924.23 and 924.24, Fla. Stats. 1941. If a broad and liberal construction is given by this Court to Section 924.17, supra, like courts of other jurisdictions have given similar statutes, and its several provisions considered with Sec....

...In view of the foregoing, appellant's motions filed in this cause July 10, 1979, are denied and appellant shall have 10 days from the filing of this opinion to pay the appellate filing fee or this appeal will be dismissed. LETTS and MOORE, JJ., concur. NOTES [1] § 924.17, Fla....

...Appellant was convicted of grand larceny in the Criminal Court of Record of Hillsborough County. For the purpose of having the county pay the costs of his appeal to this Court under the provisions of F.S. § 939.15, F.S.A., appellant filed an oath complying in detail with the requirements of F.S. § 924.17, F.S.A., and testified as to his insolvency before the trial judge as provided in that statute....

...That he was unable to pay his Attorney of Record, Paul Lake, for defending him in this cause, and that the Attorney's fees were paid by his son-in-law. "Wherefore, in the light of the testimony above, the Court finds: that the defendant, Alton Loy, is not insolvent within the meaning of Section 924.17 Florida Statutes Annotated of the Laws of the State of Florida." Appellant has appealed from that order, and the question presented is whether the facts recited in the order appealed from entitle appellant to an adjudication of insolvency under the provisions of F.S. § 924.17, F.S.A....

...A motion for a new trial on various grounds was presented to the court by appellant's counsel in each of the judgments entered against him but each was denied and a supersedeas bond fixed in the sum of $1,000.00 on one of the three judgments entered below. *Page 769 Pursuant to the provisions of Section 924.17 , F.S.A., the appellant Baker filed in the court below an affidavit of insolvency in each of the three cases in which judgments of conviction were entered and is in form and substance viz.: "Before me the undersigned authority personally appeared Hubert D....

...It specifically appears to the Court in this particular matter, the defendant had adequate funds with which to employ competent counsel to properly represent him and likewise to pay the expenses of any appeal. The Court therefore finds and the defendant is adjudged not to be insolvent within the purview of Section 924.17 , Florida Statutes Annotated". The question here is whether or not the evidence offered below was sufficient to bring the appellant within the provisions of Section 924.17 , F.S.A....

...een adjudicated insolvent. See Cliburn v. State, 510 So.2d 1155, 1156 (Fla. 3d DCA 1987) (appellate filing fee and record preparation costs could not be assessed against defendant who had been adjudicated insolvent because no statute authorizes it); § 924.17, Fla....

...es unnecessary to determine the question of whether the father should have been adjudged insolvent. The order appealed is reversed and the cause remanded for entry of an order finding the juvenile appellant insolvent within the meaning of F.S. 1967, Section 924.17, F.S.A....

...NOTES [1] In re Gault, 1967, 387 U.S. 1, 87 S.Ct. 1428, 18 L.Ed.2d 527. [2] Douglas v. People of State of California, 1963, 372 U.S. 353, 83 S.Ct. 814, 9 L.Ed.2d 811. [3] Griffin v. People of State of Illinois, 1956, 351 U.S. 12, 76 S.Ct. 585, 100 L.Ed. 891. [4] F.S. 1967, Section 924.17, F.S.A....

...— When the defendant in any criminal case pending in any circuit or county court, a district court of appeal or the supreme court of this state has been adjudged insolvent by the circuit judge or the judge of the county court, upon affidavit and proof as required by § 924.17 in cases of appeal, or when the defendant is discharged or the judgment reversed, the costs allowed by law shall be paid by the county in which the crime was committed, upon presentation to the county commissioners of a certified copy of th...

...In the context of this statute, a debtor "makes oath" when he swears to the affidavit twice referred to in the second sentence of the section. This reading is in accord with other statutes making use of the locution "make oath." See §§ 205.171(3)(b), 506.03, 506.39, Fla. Stat. (1997); § 924.17, Fla....

...set and desk, does not own a home, has no bank or savings account, owns no real property and has no funds to pay the cost of this appeal. The court denied his petition and he assigns this as error. Under the facts appearing in the record, we are under the opinion that the appellant properly invoked section 924.17, Florida Statutes, F.S.A....

...The second ultimate fact, "that he was financially unable to employ counsel," is conclusory and, though an allegation of this conclusion of fact will — under a liberal construction — suffice, it should be accompanied by allegations tracing the language of Fla. Stat. § 924.17, F.S.A., containing the prescribed oath of insolvency....

...It also appears from the testimony of Mr. Perkins and the record before this court that in June or July of 1966 Mr. Perkins obtained an affidavit from defendant declaring himself to be an insolvent and unable to pay costs. The affidavit was in the form contemplated by F.S. Section 924.17, F.S.A., as a prerequisite to an adjudication of insolvency....

...In view of the foregoing, appellant’s motions filed in this cause July 10, 1979, are denied and appellant shall have 10 days from the filing of this opinion to pay the appellate filing fee or this appeal will be dismissed. LETTS and MOORE, JJ., concur. . § 924.17, Fla.Stat....

...n the defendant in any criminal case pending in any circuit or county court, a district court of appeal, or the supreme court of this state has been adjudged insolvent by the circuit court or the county court, upon affidavit and proof as required by s. 924.17 in cases of appeal ......

...1164 , 3 L.Ed.2d 1209 (1959), and was not intended to override the legislative requirement that the county pay the fees in lieu of the indigent defendants. The County next asserts that the substantive law in relation to indigent filing fees is found in section 924.17, Florida Statutes (and not section 939.15). But section 924.17, by its terms, does not relate to whether costs should be paid on behalf of the indigent defendant but rather whether the filing of the appeal by such indigent should have the effect of a supersedeas. The statute provides that it does. We must keep in mind that since the county’s payment of indigent filing fees has often occurred weeks after the filing of the appeal, a provision relating to an immediate supersedeas is necessary. We find section 924.17 irrelevant to the issue before the court....

...mes unnecessary to determine the question of whether the father should have been adjudged insolvent. The order appealed is reversed and the cause remanded for entry of an order finding the juvenile appellant insolvent within the meaning of F.S.1967, Section 924.17, F.S.A....

...In re Gault, 1967, 387 U.S. 1 , 87 S.Ct. 1428 , 18 L.Ed.2d 527 . . Douglas v. People of State of California, 1963, 372 U.S. 353 , 83 S.Ct. 814 , 9 L.Ed.2d 811 . . Griffin v. People of State of Illinois, 1956, 351 U.S. 12 , 76 S.Ct. 585 , 100 L.Ed. 891 . . F.S.1967, Section 924.17, F.S.A....

STURGIS, Chief Judge. Appellant, defendant below, applied to the trial court to be adjudged insolvent pursuant to Section 924.17, Florida Statutes, F.S.A., and thus have the costs of his appeal from a criminal conviction borne by Marion County....

...ve the question of his rights under the statute. The facts are such that had the wife’s $130 monthly income not been taken into account the insolvency application would undoubtedly have been granted. The test on an inquiry of insolvency under F.S. § 924.17 F.S.A....

unable to pay the costs of appeal in this case. Section 924.17, Florida Statutes (1991), provides that if

...harging him with the first degree murder of Wilbur McReynolds and his wife, Faye McReynolds. He was sentenced to life imprisonment on each of the convictions, the sentences to run consecutively. Chavigny filed in each case an application pursuant to section 924.17, Florida Statutes, F.S.A., seeking an order that he be declared insolvent....

insolvent within the meaning of Florida Statutes § 924.17, F.S.A., because he did not establish satisfactorily

DREW, Chief Justice. This is an appeal from an order of the Judge of the Criminal Court of Record of Hillsborough County finding the appellant not to be insolvent within the meaning of Section 924.17, F.S.A....

...ll amount to approximately One Hundred Fifty ($150.00) Dollars, the Court finds: “1. That the said defendant has a permanent pension in the amount of Forty-seven ($47.00) , Dollars pep month, and that he is not insolvent *124 within the meaning of Section 924.17, Florida Statutes Annotated of the Laws of the State of Florida. “Whereupon, in the light of the testimony above' and the finding of the Court, it is hereby “Ordered, Adjudged and decreed that the defendant, Lorenzo Anderson, be and he is hereby declared not to be insolvent within the meaning of Section 924.17, Florida Statutes Annotated of the Laws of the State of Florida.” In Loy v....

...ation precludes his appeal to this Court contrary to the purpose of the statute.” The order appealed from is erroneous on its face and is ■ hereby reversed with directions to enter an order finding appellant to be insolvent within the meaning of Section 924.17, F.S.A, Reversed....

petitioner to be insolvent within the meaning of Section 924.17, F.S.1951, F.S.A. Each 'petitioner also made

sought the benefits of the insolvency statute, section 924.17, Florida Statutes 1951, F.S.A., for the purpose

...****** I just do not believe the defendant is that destitute.” The trial judge erroneously held that because the petitioner was out on bond, or because others might support her, that petitioner was not entitled to be declared insolvent within the meaning of Florida Statute § 924.17, F.S.A....

...The fact that friends or relatives might pay all or part of the costs or a bond premium is wholly immaterial. Swilley v. State, 76 Fla. 173 , 79 So. 715 (1918); Keur v. State, 160 So.2d 546 (Fla.App.1964). The appellant may even have regular earnings and yet be insolvent within the meaning of Florida Statute § 924.17....

...evidence. Therefore on the basis of the uncontradicted evidence the Court finds that the petitioner, Lillian Reis, at the time of her appeal to the Florida District Court of Appeal, was, and still is, insolvent within the meaning of Florida Statute § 924.17....

...96-947, which is an appeal from the conviction for the later offense, we likewise agree with both parties that, because the defendant had previously been adjudicated indigent for costs, the order below requiring him to pay appellate costs was erroneous and must be stricken. § 924.17, Fla....