Legal Opinion

Hollingsworth v. State

District Court of Appeal of Florida

Decided January 29, 2003No. 1D02-1466PublishedCited by 4 opinions

1Opinion of the CourtBrowning, J.

This is an appeal from an order granting restitution to the minor victim’s mother for the mother’s lost wages. Appellant relies on Gluesenkamp v. State, 636 So.2d 1367 (Fla. 1st DCA 1994), P.H. v. State, 774 So.2d 728 (Fla. 2d DCA 2000), and Ocasio v. State, 586 So.2d 1177 (Fla. 4th DCA 1991), all of which hold that the mother of a victim is not a “victim” for purposes of the restitution statute, section 775.089, Fla. Stat. We distinguish these cases and affirm the award of restitution.

Gluesenkamp and Ocasio both apply the pre-1994 version of the restitution statute, which defined “victim” as…

2Cases cited3 opinions

  1. Gluesenkamp v. StateDistrict Court of Appeal of Florida · 1994
  2. P.H. v. StateDistrict Court of Appeal of Florida · 2000
  3. Graham v. StateDistrict Court of Appeal of Florida · 1998

3Cited by4 opinions

  1. Koile v. StateDistrict Court of Appeal of Florida · 2005
  2. Collins v. StateDistrict Court of Appeal of Florida · 2003
  3. Koile v. StateSupreme Court of Florida · 2006
  4. Koile v. StateSupreme Court of Florida · 2006

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