Dependency Law Finder

Florida's dependency statutes, court rules and DCF operating procedures, with the appellate opinions that apply them

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Department of Children & Family Services v. M.L.932 So. 2d 638 (Fla. 2d DCA 2006) · 2D05-4870

Court
2nd DCA
Decided
2006-07-07
On CourtListener
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.

Opinion text: CourtListener, Free Law Project. Not an official reporter; check the court's version before citing.