Department of Health & Rehabilitative Services v. Smith

District Court of Appeal of Florida

Department of Health & Rehabilitative Services v. Smith

592 So. 2d 1277, 1992 Fla. App. LEXIS 1132, 1992 WL 24480

CourtDistrict Court of Appeal of Florida

DecidedFebruary 14, 1992

DocketNo. 91-1032

StatusPublished

This text of 592 So. 2d 1277 (Department of Health & Rehabilitative Services v. Smith) 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.

Bluebook

Department of Health & Rehabilitative Services v. Smith, 592 So. 2d 1277, 1992 Fla. App. LEXIS 1132, 1992 WL 24480 (Fla. Ct. App. 1992).

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Opinion

COBB, Judge.

In the instant appeal the trial court awarded the appellee attorney’s fees in an attempt to sanction HRS for not negotiating in regard to a petition for modification of child support. The appellee recognizes that this was no basis for the award and argues instead that authority for the award is found within Chapter 61, Florida Statutes (1989). This rationale must fail, however, based on Stockman v. Downs, 573 So.2d 835 (Fla.1991), wherein the Florida Supreme Court held that an award of attorney’s fees based upon a statute or contract must be included in the pleadings..

Accordingly, the post-judgment order awarding attorney’s fees to the appellee is hereby reversed.

REVERSED.

GOSHORN, C.J., and COWART, J., concur.

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COBB, Judge.

In the instant appeal the trial court awarded the appellee attorney’s fees in an attempt to sanction HRS for not negotiating in regard to a petition for modification of child support. The appellee recognizes that this was no basis for the award and argues instead that authority for the award is found within Chapter 61, Florida Statutes (1989). This rationale must fail, however, based on Stockman v. Downs, 573 So.2d 835 (Fla.1991), wherein the Florida Supreme Court held that an award of attorney’s fees based upon a statute or contract must be included in the pleadings..

Accordingly, the post-judgment order awarding attorney’s fees to the appellee is hereby reversed.

REVERSED.

GOSHORN, C.J., and COWART, J., concur.

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Bluebook (online)

592 So. 2d 1277, 1992 Fla. App. LEXIS 1132, 1992 WL 24480, Counsel Stack Legal Research, https://law.counselstack.com/opinion/department-of-health-rehabilitative-services-v-smith-fladistctapp-1992.

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