P.H. v. State, 774 So. 2d 728 (Fla. Dist. Ct. App. 2000)

Cases | P.H. v. State, 774 So. 2d 728 (Fla. Dist. Ct. App. 2000) | 2018

The juvenile defendant challenged a trial court order setting restitution at $640.98 based on damages arising from a simple battery. The court of appeals affirmed the portion of the order for the battery victim’s damaged and lost property and for the ambulance services when the victim was transported to the hospital. But the state conceded the portion allotted for the victim’s mother’s lost wages was improper; the court of appeals held “that the award of restitution in favor of the mother of the victim for lost wages is erroneous” because she is not a victim within the meaning of the restitution statute. “Although the state argue[d] that a part of the mother’s claim in this case should be affirmed because she provided home nursing care to her daughter, this contention must fail because the expense was never attributed to the victim and the mother cannot make such a claim in her own right.” The order was affirmed in part, reversed in part.