Legal Opinion

Ellis v. Hunter

District Court of Appeal of Florida

Decided January 16, 2009No. 5D08-162PublishedCited by 4 opinions

1Opinion of the CourtSawaya, J.

This case involves application of section 903.286, Florida Statutes (2007), which provides in pertinent part that the clerk of court is to withhold from the return of a cash bond posted on behalf of a criminal defendant by a person other than a licensed bail bondsman “any unpaid court fees, court costs, and criminal penalties.” The issues we must resolve are whether section 903.286 is constitutional and, if so, whether the statute should be interpreted to mean sums owed only in the particular case for which bond was posted or whether it encompasses all of a defendant’s cases. These issues…

2Cases cited34 opinions

  1. United States v. SalernoSupreme Court of the United States · 1987
  2. Federal Communications Commission v. Beach Communications, Inc.Supreme Court of the United States · 1993
  3. Texaco, Inc. v. ShortSupreme Court of the United States · 1982
  4. Daniels v. Florida Dept. of HealthSupreme Court of Florida · 2005
  5. Department of Law Enf. v. Real PropertySupreme Court of Florida · 1991

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3Cited by4 opinions

  1. Adhin v. First Horizon Home LoansDistrict Court of Appeal of Florida · 2010
  2. Estate of McCall v. United StatesDistrict Court, N.D. Florida · 2009
  3. Central Florida Regional Transportation Authority v. Post-Newsweek Stations, Orlando, Inc.District Court of Appeal of Florida · 2015
  4. TALLAHASSEE BAIL FUND v. MARSHALLDistrict Court, N.D. Florida · 2024

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