Justice Administrative Commission v. Connor

District Court of Appeal of Florida

Justice Administrative Commission v. Connor

24 So. 3d 1277, 2009 Fla. App. LEXIS 20502, 2009 WL 5152648

District Court of Appeal of Florida·Decided December 31, 2009·No. 1D09-5107·Published

Opinion

PER CURIAM.

We agree with petitioner, the Justice Administrative Commission (“JAC”), that the trial court departed from the essential requirements of the law in awarding respondent, court-appointed counsel, attorney’s fees where the JAC was not served with respondent’s motion for fees and where the trial court did not conduct a hearing on the motion. See § 27.5304, Fla. Stat.

Accordingly, we GRANT the petition for writ of certiorari, QUASH the order *1278 awarding fees, and REMAND for further proceedings.

BARFIELD, VAN NORTWICK, and CLARK, JJ., concur.

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PER CURIAM.

We agree with petitioner, the Justice Administrative Commission (“JAC”), that the trial court departed from the essential requirements of the law in awarding respondent, court-appointed counsel, attorney’s fees where the JAC was not served with respondent’s motion for fees and where the trial court did not conduct a hearing on the motion. See § 27.5304, Fla. Stat.

Accordingly, we GRANT the petition for writ of certiorari, QUASH the order *1278 awarding fees, and REMAND for further proceedings.

BARFIELD, VAN NORTWICK, and CLARK, JJ., concur.

Justice Administrative Commission v. Connor, 24 So. 3d 1277, 2009 Fla. App. LEXIS 20502, 2009 WL 5152648 (Fla. Ct. App. 2009).

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