Florida District Courts of Appeal, 2006

Department of Children & Family Services v. M.L.

Department of Children & Family Services v. M.L.
Florida District Courts of Appeal · Decided July 7, 2006 · Edward, Fulmer, Threadgill, Villanti
932 So. 2d 638; 2006 Fla. App. LEXIS 11337; 2006 WL 1879102 (Southern Reporter, Second Series)

Department of Children & Family Services v. M.L.

Opinion of the Court

VILLANTI, Judge.

The Department of Children and Family Services appeals a final order directing it to pay the grandmother’s attorney’s fees in a foster care proceeding. The Department correctly argues that there was no authority for the award of fees. While we are not unsympathetic to the trial judge’s frustration with the Department’s delay in conducting a home study, it was error for the trial judge to order the fee payment absent a legal basis. See Dep’t of Children & Family Servs. v. J.B., 898 So.2d 980 (Fla. 5th DCA 2005). Accordingly, we reverse and remand with directions to the trial court to strike the fee award.

Reversed and remanded with directions.

FULMER, C.J., and THREADGILL, EDWARD F., Senior Judge, Concur.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.