Florida Department of Health & Rehabilitative Services v. In the Interest of R. M. A.

Florida District Courts of Appeal
Florida Department of Health & Rehabilitative Services v. In the Interest of R. M. A., 327 So. 2d 844 (1976)
1976 Fla. App. LEXIS 14725
Mills, Rawls, Smith

Florida Department of Health & Rehabilitative Services v. In the Interest of R. M. A.

Opinion of the Court

MILLS, Judge.

The Division of Youth Services appeals from an order awarding an attorney a fee for services rendered as guardian ad litem for two minors at a detention hearing, and directing the Division to pay the fee. The issues are whether the court had authority to direct the Division to pay the fee, and whether the court erred in entering the order where the Division was not served with nor given an opportunity to be heard on the motion for a fee. The court erred in both instances.

The record shows that the guardian ad litem did not serve a copy of his motion on the Division, and that the court entered its order without notice to the Division. This is a total lack of due process.

There is neither statutory authority for the award of a fee to a guardian ad li-tem in a juvenile proceeding such as the one here nor authority for the court to direct the Division to pay the fee.

We reverse the order.

RAWLS, Acting Chief Judge and SMITH, J., concur..

Reference

Full Case Name
FLORIDA DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES, DIVISION OF YOUTH SERVICES, BUREAU OF FIELD SERVICES v. In the Interest of R. M. A., a minor, and C. B. A., a minor
Cited By
5 cases
Status
Published