Department of Children & Family Services v. M.L.

District Court of Appeal of Florida

Department of Children & Family Services v. M.L.

932 So. 2d 638, 2006 Fla. App. LEXIS 11337, 2006 WL 1879102

CourtDistrict Court of Appeal of Florida

DecidedJuly 7, 2006

DocketNo. 2D05-4870

StatusPublished

This text of 932 So. 2d 638 (Department of Children & Family Services v. M.L.) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Department of Children & Family Services v. M.L., 932 So. 2d 638, 2006 Fla. App. LEXIS 11337, 2006 WL 1879102 (Fla. Ct. App. 2006).

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Opinion

VILLANTI, Judge.

The Department of Children and Family Services appeals a final order directing it to pay the grandmother’s attorney’s fees in a foster care proceeding. The Department correctly argues that there was no authority for the award of fees. While we are not unsympathetic to the trial judge’s frustration with the Department’s delay in conducting a home study, it was error for the trial judge to order the fee payment absent a legal basis. See Dep’t of Children & Family Servs. v. J.B., 898 So.2d 980 (Fla. 5th DCA 2005). Accordingly, we reverse and remand with directions to the trial court to strike the fee award.

Reversed and remanded with directions.

FULMER, C.J., and THREADGILL, EDWARD F., Senior Judge, Concur.

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VILLANTI, Judge.

The Department of Children and Family Services appeals a final order directing it to pay the grandmother’s attorney’s fees in a foster care proceeding. The Department correctly argues that there was no authority for the award of fees. While we are not unsympathetic to the trial judge’s frustration with the Department’s delay in conducting a home study, it was error for the trial judge to order the fee payment absent a legal basis. See Dep’t of Children & Family Servs. v. J.B., 898 So.2d 980 (Fla. 5th DCA 2005). Accordingly, we reverse and remand with directions to the trial court to strike the fee award.

Reversed and remanded with directions.

FULMER, C.J., and THREADGILL, EDWARD F., Senior Judge, Concur.

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932 So. 2d 638, 2006 Fla. App. LEXIS 11337, 2006 WL 1879102, Counsel Stack Legal Research, https://law.counselstack.com/opinion/department-of-children-family-services-v-ml-fladistctapp-2006.

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