Metropolitan Dade County v. Department of Health & Rehabilitative Services

District Court of Appeal of Florida

Metropolitan Dade County v. Department of Health & Rehabilitative Services

683 So. 2d 188, 1996 Fla. App. LEXIS 12225, 1996 WL 670266

CourtDistrict Court of Appeal of Florida

DecidedNovember 20, 1996

DocketNo. 95-3073

StatusPublished

Cited by1 cases

This text of 683 So. 2d 188 (Metropolitan Dade County v. Department of Health & Rehabilitative Services) 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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Metropolitan Dade County v. Department of Health & Rehabilitative Services, 683 So. 2d 188, 1996 Fla. App. LEXIS 12225, 1996 WL 670266 (Fla. Ct. App. 1996).

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Opinion

PER CURIAM.

We reverse the order of the trial court, which determined that Metropolitan Dade County, rather than HRS, was obligated to pay for the psychological evaluation necessary in a child dependency proceeding. As we and our sister courts have unequivocally held, fees such as these are the responsibility of HRS. Department of Health & Rehab. Servs. v. Metropolitan Dade County, 459 So.2d 1182 (Fla. 3d DCA 1984); see also Department of Health & Rehab. Servs. v. Kahn, 639 So.2d 689 (Fla. 5th DCA 1994); Department of Health & Rehab. Servs. v. A.H., 459 So.2d 417 (Fla. 1st DCA 1984); In re R.W., 409 So.2d 1069 (Fla. 2d DCA 1981), rev. denied, 418 So.2d 1279 (Fla.1982). Accordingly, on remand we direct the trial court to enter judgment against HRS.

We remind the trial court that it is obligated to follow established law. Putnam County School Board v. Debose, 667 So.2d 447, 449 (Fla. 1st DCA 1996)(“Under the doctrine of stare decisis, lower courts are bound to adhere to the rulings of higher courts when considering similar issues even though the lower court might believe the law should be otherwise.”); Wood v. Fraser, 677 So.2d 15, 19 (Fla. 2d DCA 1996)(allowing trial courts to deviate from stare decisis would result in uncertainty and unpredictability, and “[a]l-though they are free to express their disagreements with decisions of higher courts, trial courts are not free to disregard them in the adjudicatory process.”).

Reversed and remanded with directions.

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PER CURIAM.

We reverse the order of the trial court, which determined that Metropolitan Dade County, rather than HRS, was obligated to pay for the psychological evaluation necessary in a child dependency proceeding. As we and our sister courts have unequivocally held, fees such as these are the responsibility of HRS. Department of Health & Rehab. Servs. v. Metropolitan Dade County, 459 So.2d 1182 (Fla. 3d DCA 1984); see also Department of Health & Rehab. Servs. v. Kahn, 639 So.2d 689 (Fla. 5th DCA 1994); Department of Health & Rehab. Servs. v. A.H., 459 So.2d 417 (Fla. 1st DCA 1984); In re R.W., 409 So.2d 1069 (Fla. 2d DCA 1981), rev. denied, 418 So.2d 1279 (Fla.1982). Accordingly, on remand we direct the trial court to enter judgment against HRS.

We remind the trial court that it is obligated to follow established law. Putnam County School Board v. Debose, 667 So.2d 447, 449 (Fla. 1st DCA 1996)(“Under the doctrine of stare decisis, lower courts are bound to adhere to the rulings of higher courts when considering similar issues even though the lower court might believe the law should be otherwise.”); Wood v. Fraser, 677 So.2d 15, 19 (Fla. 2d DCA 1996)(allowing trial courts to deviate from stare decisis would result in uncertainty and unpredictability, and “[a]l-though they are free to express their disagreements with decisions of higher courts, trial courts are not free to disregard them in the adjudicatory process.”).

Reversed and remanded with directions.

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683 So. 2d 188, 1996 Fla. App. LEXIS 12225, 1996 WL 670266, Counsel Stack Legal Research, https://law.counselstack.com/opinion/metropolitan-dade-county-v-department-of-health-rehabilitative-services-fladistctapp-1996.

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