T.T. v. Department of Children & Families

District Court of Appeal of Florida

T.T. v. Department of Children & Families

944 So. 2d 540, 2006 Fla. App. LEXIS 21764, 2006 WL 3813663

District Court of Appeal of Florida·Decided December 26, 2006·No. Nos. 5D06-56, 5D06-59·Published

Opinions

ON MOTION FOR ATTORNEY’S FEES

PER CURIAM.

In these two parental rights termination cases, the Department of Children and Families (DCF) has filed motions seeking awards of appellate attorney’s fees, citing to section 57.105 of the Florida Statutes (2005) to support such awards. DCF contends that the obligation to pay such fees should be imposed against the parents and their attorneys in these cases due to the filing of frivolous notices of appeal. Determining that DCF has failed to meet the standard of proof set forth in section 57.105 to justify an award of attorney’s fees, we deny the motion.

PALMER and MONACO, 33., concur. SAWAYA, dissents with opinion.

Free access — add to your briefcase to read the full text and ask questions with AI

ON MOTION FOR ATTORNEY’S FEES

PER CURIAM.

In these two parental rights termination cases, the Department of Children and Families (DCF) has filed motions seeking awards of appellate attorney’s fees, citing to section 57.105 of the Florida Statutes (2005) to support such awards. DCF contends that the obligation to pay such fees should be imposed against the parents and their attorneys in these cases due to the filing of frivolous notices of appeal. Determining that DCF has failed to meet the standard of proof set forth in section 57.105 to justify an award of attorney’s fees, we deny the motion.

PALMER and MONACO, 33., concur. SAWAYA, dissents with opinion.

T.T. v. Department of Children & Families, 944 So. 2d 540, 2006 Fla. App. LEXIS 21764, 2006 WL 3813663 (Fla. Ct. App. 2006).

Pincite

944 So. 2d 540 (T.T. v. Department of Children & Families) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.