State, Department of Revenue ex rel. Pruno v. Williams

714 So. 2d 1176, 1998 Fla. App. LEXIS 9680, 1998 WL 428877
CourtDistrict Court of Appeal of Florida
DecidedJuly 31, 1998
DocketNo. 97-04616
StatusPublished

This text of 714 So. 2d 1176 (State, Department of Revenue ex rel. Pruno v. Williams) 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
State, Department of Revenue ex rel. Pruno v. Williams, 714 So. 2d 1176, 1998 Fla. App. LEXIS 9680, 1998 WL 428877 (Fla. Ct. App. 1998).

Opinion

FRANK, Judge.

The Department of Revenue challenges an order requiring it to pay attorney’s fees for a volunteer attorney/guardian ad litem appointed by the trial court pursuant to Department of Health and Rehabilitative Services v. Privette, 617 So.2d 305 (Fla.1993). We reverse.

On September 12, 1994, the trial court appointed Dave Schrader “as a volunteer Attorney ad Litem to represent the best interests of the minor ehild(ren).” The order provides that Mr. Schrader is entitled to recover his costs up to $300.00, but does not mention attorney’s fees.

On October 14, 1997, the trial court entered an order that finds that a reasonable attorney’s fee for Mr. Schrader’s services is $300.00 and orders the Department of Revenue to pay him that sum. Because the trial court’s order appointing Mr. Schrader specified that he was appointed as a volunteer attorney ad litem and provided for reimbursement of costs only, the trial court had no authority to award Mr. Schrader an attorney’s fee.

Reversed.

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

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Related

DEPT. OF HEALTH & REHAB. SERVICES v. Privette
617 So. 2d 305 (Supreme Court of Florida, 1993)

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Bluebook (online)
714 So. 2d 1176, 1998 Fla. App. LEXIS 9680, 1998 WL 428877, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-department-of-revenue-ex-rel-pruno-v-williams-fladistctapp-1998.