Dependency Law Finder

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

data.robertlathamesq.org · All tools

Before you use this site

This site aggregates legal authorities from a variety of public sources. It is AI and human reviewed. Text processing errors can occur. Always check the information here against the official linked source.

This site is publicly available. Use for general research only. Do not submit confidential or identifiable case information.

I don't agree: show the official sources

Department of Health & Rehabilitative Services v. In the Interest of R.M.A.327 So. 2d 844 (Fla. Dist. Ct. App. 1976) · DCAX-83

Court
District Court of Appeal
Decided
1976-02-27
On CourtListener
MILLS, Judge.

The Division of Youth Services appeals from an order awarding an attorney a fee for services rendered as guardian ad litem for two minors at a detention hearing, and directing the Division to pay the fee. The issues are whether the court had authority to direct the Division to pay the fee, and whether the court erred in entering the order where the Division was not served with nor given an opportunity to be heard on the motion for a fee. The court erred in both instances.

The record shows that the guardian ad litem did not serve a copy of his motion on the Division, and that the court entered its order without notice to the Division. This is a total lack of due process.

There is neither statutory authority for the award of a fee to a guardian ad li-tem in a juvenile proceeding such as the one here nor authority for the court to direct the Division to pay the fee.

We reverse the order.

RAWLS, Acting Chief Judge and SMITH, J., concur..

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