Florida District Courts of Appeal, 2006

T.T. v. Department of Children & Families

T.T. v. Department of Children & Families
Florida District Courts of Appeal · Decided December 26, 2006 · Monaco, Palmer, Sawaya
944 So. 2d 540; 2006 Fla. App. LEXIS 21764; 2006 WL 3813663 (Southern Reporter, Second Series)

T.T. v. Department of Children & Families

Opinion of the Court

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.

Dissenting Opinion

SAWAYA, J.,

dissenting.

Given the very limited discussion the majority chose to include in its very brief opinion, no reply is warranted other than for me to say that I disagree and, therefore, respectfully dissent.

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