State, Department of Revenue ex rel. Palminteri v. Johnson

District Court of Appeal of Florida

State, Department of Revenue ex rel. Palminteri v. Johnson

714 So. 2d 1175, 1998 Fla. App. LEXIS 9681, 1998 WL 428879

CourtDistrict Court of Appeal of Florida

DecidedJuly 31, 1998

DocketNo. 97-04636

StatusPublished

This text of 714 So. 2d 1175 (State, Department of Revenue ex rel. Palminteri v. Johnson) 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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State, Department of Revenue ex rel. Palminteri v. Johnson, 714 So. 2d 1175, 1998 Fla. App. LEXIS 9681, 1998 WL 428879 (Fla. Ct. App. 1998).

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Opinion

FRANK, Judge.

The Department of Revenue challenges an order requiring it to pay attorney’s fees to David L. Schrader, whom the trial court appointed as an attorney/guardian ad litem. We affirm.

On September 21, 1995, the trial court entered an order granting Mr. Schrader’s motion for discharge and compensation. The order awarded attorney’s fees in the amount of $300.00 to be paid by the Department. On October 14, 1997, the trial court entered an order finding that the Department had neither appealed the September 21 order nor paid Mr. Schrader; and again ordered the Department to pay Mr. Schrader $300.00 for his services. The Department filed its notice of appeal on October 17,1997.

The Department is untimely in its attempt to challenge its liability for Mr. Schrader’s attorney’s fees by its appeal of the October 14, 1997 order. Because the Department does not challenge any other aspect of the October 14 order, we affirm.

PARKER, C.J., and FULMER, J., concur.

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FRANK, Judge.

The Department of Revenue challenges an order requiring it to pay attorney’s fees to David L. Schrader, whom the trial court appointed as an attorney/guardian ad litem. We affirm.

On September 21, 1995, the trial court entered an order granting Mr. Schrader’s motion for discharge and compensation. The order awarded attorney’s fees in the amount of $300.00 to be paid by the Department. On October 14, 1997, the trial court entered an order finding that the Department had neither appealed the September 21 order nor paid Mr. Schrader; and again ordered the Department to pay Mr. Schrader $300.00 for his services. The Department filed its notice of appeal on October 17,1997.

The Department is untimely in its attempt to challenge its liability for Mr. Schrader’s attorney’s fees by its appeal of the October 14, 1997 order. Because the Department does not challenge any other aspect of the October 14 order, we affirm.

PARKER, C.J., and FULMER, J., concur.

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Bluebook (online)

714 So. 2d 1175, 1998 Fla. App. LEXIS 9681, 1998 WL 428879, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-department-of-revenue-ex-rel-palminteri-v-johnson-fladistctapp-1998.