Dependency Law Finder

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

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Justice Administrative Commission v. Biecker33 So. 3d 827 (Fla. 5th DCA 2010) · 5D10-138

Court
5th DCA
Decided
2010-04-30
Case
Other Chapter 39
Appellant
Other

Certiorari / writ granted Certiorari granted and fee order quashed because a mother deemed to consent by missing the advisory hearing had no right to publicly funded counsel.

Issues
Right to counsel & ineffective assistance, Attorney's fees & sanctions, Certiorari: departure from the essential requirements of law

Summary, issues, facts, outcome, and appellant were extracted automatically from the opinion. Check the opinion itself before relying on them.

On CourtListener
PER CURIAM.

The Justice Administrative Commission (JAC) seeks certiorari review of an order requiring it to pay the attorney’s fees of a mother’s court-appointed private counsel in a termination of parental rights proceeding. After the mother failed to appear at the advisory hearing following proper notice, she was deemed to have consented to the termination of her parental rights. As a result, she was not entitled to publicly-funded counsel. Justice Admin. Comm’n v. Gayden, 28 So.3d 162 (Fla. 5th DCA 2010); Justice Admin. Comm’n v. Harp, 24 So.3d 779 (Fla. 5th DCA 2009); Justice Admin. Comm’n v. Berry, 5 So.3d 696 (Fla. 3d DCA 2009). Thus, the order requiring the JAC to pay attorney Michele Biecker was erroneous. The JAC’s petition is granted and the order requiring it to pay attorney’s fees to Ms. Biecker is quashed.

CERTIORARI GRANTED; ORDER QUASHED.

GRIFFIN, ORFINGER and EVANDER, JJ., concur.

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