Barnby v. An Adoption
Barnby v. An Adoption
Opinion of the Court
Appellant, Linda J. Barnby, appeals an order of the lower court limiting her to a total fee of $2,000 for her services as intermediary and attorney in the adoption proceeding below. See § 63.097, .212(4), Fla.Stat. (Supp. 1992).
As provided by section 63.097, Florida Statutes (1992), any fee over $1,000 that is paid to an intermediary requires court approval and a “showing of justification” for the larger fee. Barnby applied to the court for approval of a fee in the amount of $8,820. The fee application was supported by detailed time records and by the affidavit and the live testimony of another attorney who performs intermediary adoptions.
At the fee hearing, the court expressed no concern about the overall amount of time and
We agree with Barnby that the lower court abused its discretion in refusing to award a fee in excess of $2,000
Although the statute is poorly written, it does appear clear that the purpose of the legislation is to provide court supervision to protect adoptive parents in such highly emotional circumstances so they are not victimized by abuses. At the same time, by requiring intermediaries to be either physicians or attorneys, the legislature appears to have contemplated that this work will be carried out by highly trained professionals who are entitled to a reasonable compensation for their time and expertise.
We also observe that, even without specifically designating which services qualified as “legal services,” Barnby’s time records document services that are plainly “legal” in nature, in an amount several times greater than the amount awarded by the lower court.
Given that the sole basis for the lower court’s conclusion that the fees were not “justified” is invalid, we remand with instructions that appellant be awarded her intermediary fee.
REVERSED and REMANDED.
.
FEES.—
(1) APPROVAL OF FEES TO INTERMEDIARIES. — Any fee over $1,000 and those costs as set out in s. 63.212(l)(d) over $2,500, paid to an intermediary other than actual, documented medical costs, court costs, and hospital costs must be approved by the court prior to assessment of the fee by the intermediary and upon a showing of justification for the larger fee.
Prohibited acts; penalties for violation.—
(4) It is unlawful for any intermediary to charge any fee over $1,000 and those costs as set out in paragraph (l)(d) over $2,500, other than for actual documented medical costs, court costs, and hospital costs unless such fee is approved by the court prior to the assessment of the fee by the intermediary and upon a showing of justification of the larger fee.
. It appears that the lower court, in awarding $1,000 each for attorney services and intermediary services, must have been relying on the 1991 version of the statute, which referred to intermediary or attorney’s fees over $1,000. The 1992 amendment to the statute does away with that distinction.
. §§ 63.032(8)-.212(1)(c), Fla.Stat. (1993).
. The lower court also mentioned in its order that payment for legal assistant services was not authorized by section 57.104, Florida Statutes; however, we are unable to determine the items to which the lower court referred or the basis for the court’s decision in this regard.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.