Florida District Courts of Appeal, 2013

Hernandez v. Justice Administrative Commission

Hernandez v. Justice Administrative Commission
Florida District Courts of Appeal · Decided July 9, 2013 · Padovano, Swanson, Wetherell
115 So. 3d 1136; 2013 WL 3441707; 2013 Fla. App. LEXIS 10931 (Southern Reporter, Third Series)

Hernandez v. Justice Administrative Commission

Opinion of the Court

PER CURIAM.

Petitioner, James A. Hernandez, seeks review of an order awarding him $4,000.00 in attorney’s fees for representing an indigent criminal defendant as both appointed counsel and as stand-by counsel in a second-degree murder trial, rather than $13,035.00 as he had requested. The Justice Administrative Commission concedes that the circuit court departed from the essential requirements of the law by failing to determine the reasonable number of hours Hernandez had worked on his case. We grant the petition, quash the fee award, and remand for reconsideration. See Fletcher v. Justice Administrative Comm’n, 109 So.3d 1271 (Fla. 1st DCA 2013); Schlax v. Justice Administrative Comm’n, 109 So.3d 895 (Fla. 1st DCA 2013); Zelman v. Justice Administrative Comm’n, 78 So.3d 105 (Fla. 1st DCA 2012).

PADOVANO, WETHERELL, and SWANSON, JJ., concur.

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