5D02-905 Jack Durie v. State

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State: Florida

Court: Florida Southern District Court

Docket No: 5D02-905.op

Case Date: 02/21/2005

Plaintiff: 5D02-905 Jack Durie

Defendant: State

Preview:IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA, FIFTH DISTRICT February 25, 2005 JACK F. DURIE, JR., Appellant, v. STATE OF FLORIDA, Appellee. ) BY ORDER OF THE COURT: Appellant's motion for rehearing and or reconsideration filed January 31, 2005, is granted in part. The opinion dated January 21, 2005, is withdrawn to the extent only that the original second paragraph on page two has been elaborated upon, and the attached opinion is substituted therefor. The attached opinion contains changes only in paragraphs two and three and the first sentence of paragraph 4. All pleadings filed in the above-styled cause shall continue to be styled in the Fifth District Court of Appeal but forwarded directly to the Second District Court of Appeal at the following address: Clerk's Office Second District Court of Appeal Post Office Box 327 Lakeland, Florida 33802-0327 I HEREBY CERTIFY THAT THE FOREGOING IS (A TRUE COPY OF) THE ORIGINAL COURT ORDER. FRANK J. HABERSHAW, CLERK By____________________________________ ) ) ) ) ) ) ) ) )

Case No. 5D02-905

James Birkhold, Special Deputy Clerk

NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DETERMINED

IN THE DISTRICT COURT OF APPEAL OF FLORIDA FIFTH DISTRICT

JACK F. DURIE, JR., Appellant, v. STATE OF FLORIDA, Appellee. )

) ) ) ) ) ) ) ) )

Case No. 5D02-905

Opinion filed February 25, 2005.

Appeal from the Circuit Court for Orange County; Reginald Whitehead, Judge. James S. Purdy, Public Defender, and Kevin Holtz, Assistant Public Defender, Daytona Beach, for Appellant. Jack F. Durie, Jr., pro se. Charles J. Crist, Jr., Attorney General, Tallahassee, and August A. Bonavita, Assistant Attorney General, West Palm Beach, for Appellee.

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ALTENBERND, CHRIS W., Associate Judge.

Jack F. Durie, Jr., appeals the trial court's order revoking his probation for allegedly violating condition (5) of the order placing him on probation.1 Condition (5) required Mr. Durie to live and remain at liberty without violating any law. The trial court revoked Mr. Durie's order of probation because he made harassing telephone calls to an assistant attorney general, allegedly in violation of section 365.16(1), Florida Statutes (2001). We conclude that the State did not present evidence establishing a violation of this statute, and accordingly we reverse the order on appeal. Mr. Durie was an attorney for many years. In 1992, he represented two clients, Mr. Kee and Mr. Solomon, both of who had been seriously injured in a bar fight. Durie v. State, 751 So. 2d 685, 687 (Fla. 5th DCA 2000). The bar had only $100,000 in liability insurance coverage, and the claims of Mr. Kee and Mr. Solomon were settled for that amount. Id. Medicaid covered Mr. Kee's medical expenses and filed a $40,000 lien against any recovery Mr. Kee might receive from a liable third party. Id. Medicaid maintained that the lien must be repaid in full before any disbursement to Mr. Kee or to other creditors. Id.; see

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