BRENDA CAIN AND THE STATE OF FLORIDA DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES, APPELLANTS,
v.
LEON ANDREW SIMS, APPELLEE
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In a paternity action under Florida law, the trial court awarded attorney's fees to the defendant after the plaintiff took a voluntary nonsuit. The appellate court reversed, holding that the relevant statute authorizes attorney's fees only for the complainant or other persons responsible for the child, not for the defendant.
Section 742.031 does not authorize an award of attorney's fees to the defendant. The statute allows recovery of reasonable attorney's fees only to 'the complainant, her guardian or such other person assuming responsibility for the child as the judge may direct,' which does not include the defendant.
[1] A statute allowing attorney's fees to a complainant in a paternity action does not authorize an award of attorney's fees to the defendant.
[2] A statute authorizing attorney's fees for the complainant in a paternity action does not violate equal protection or due process rights of the defendant.
Previewing 2 of 3 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“Section 742.031, Florida Statutes (1979), which allows an award of reasonable attorney's fees to the complainant, her guardian or such other person assuming responsibility for the child as the judge may direct, does not authorize an award of attorney's fees to the defendant.”
This is the core holding that establishes the statute's scope is limited to complainants and persons responsible for the child, excluding defendants.
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Join FLexlaw to unlock all legal intelligenceThe defendant Sims was sued in a paternity action brought by the State of Florida Department of Health and Rehabilitative Services under Chapter 742, …
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OWEN, WILLIAM C., Jr., (Retired), Associate Judge.
Appellee, the defendant in a paternity action brought under Chapter 742, Florida Statute (1979), was awarded attorney’s fees (challenged here) after the plaintiff had taken a voluntary nonsuit pursuant to Rule 1.420(a), Fla.R.Civ.P. Without deciding whether the case of Randle-Eastern Ambulance Service, Inc. v. Vasta, 360 So. 2d 68 (Fla.1978), is precedent requiring denial of all post-dismissal motions for award of statutorily allowed attorney’s fees,1 we simply hold that Section 742.031, Florida Statutes (1979), which allows an award of reasonable attorney’s fees to the complainant, her guardian or such other person assuming responsibility for the child as the judge may direct, does not authorize an award of attorney’s fees to the defendant. After considering the statutory scheme of Chapter 742, we have no trouble summarily disposing as without merit appellee’s contention that under such a construction the statute denies him equal protection and due process under the Florida Constitution, Article I, Section 2. See generally Kendrick v. Everheart, 390 So. 2d 53 (Fla.1980).
The post-dismissal order, dated July 2, 1980, awarding attorney’s fees to the defendant under Chapter 742, is reversed.
LARRY G. SMITH and THOMPSON, JJ., concur. . The decisions are not totally clear concerning whether attorney’s fees are recoverable only if found to be part of an award of costs. See Randle-Eastern Ambulance Service, Inc. v. Vas-ta, supra, (prohibiting attorney’s fees as recompense to defendant for plaintiffs voluntary nonsuit); City of Hallandale v. Chatios, 236 So. 2d 761 (Fla. 1970) (attorney’s fees awardable as costs after notice of dismissal filed in condemnation case); MacBain v. Bowling, 374 So. 2d 75 (Fla.3d DCA 1979) (attorney’s fees under § 57.105 awarded as costs after voluntary dismissal); but see Love v. Jacobson, M. D., 390 So. 2d 782 (Fla.3d DCA 1980) (seeming to question a § 57.105 fee award as costs); Hayden v. Hayden, 373 So. 2d 436 (Fla.3d DCA 1979) (attorney’s fees denied after a voluntary dismissal in a dissolution case without differentiating fees recoverable as costs and those recoverable by contract or statute); Gordon v. Warren Heating and Air Conditioning, Inc., 340 So. 2d 1234 (Fla. 4th DCA 1976) (implying that attorney’s fees in a mechanic’s lien case were awardable as costs after a voluntary dismissal).
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Rogers v. Cooper, 575 So. 2d 266 (Fla. 1st DCA 1991)…s held not to be responsible for payment of attorney’s fees where it had brought actions pursuant to its responsibilities under Chapter 409. None of those cases appears to us to be applicable to the issue presented in the present case. Cain v. Sims, 396 So. 2d 234 (Fla. 1st DCA 1981) and Florida Dep’t of Health and Rehabilitative Servs. v. Cisneros, 446 So. 2d 727 (Fla. 2nd DCA 1984) were paternity actions brought under Chapter 742, Florida Statutes. Those cases were decided in favor of the department merely…
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Knight v. Cnty. OF Alachua, 396 So. 2d 846 (Fla. 1st DCA 1981)
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Fla. Dep't of Health & Rehabilitative Servs. v. Cisneros, 446 So. 2d 727 (Fla. 2d DCA 1984)…v. Progressive Casualty Insurance Co., 410 So. 2d 501, 505 (Fla.1982) (quoting Allen v. Estate of Dutton, 384 So. 2d 171, 175 (Fla. 5th DCA 1980)), nor was Cisneros a party entitled to receive attorney’s fees under section 742.031. See Cain v. Sims, 396 So. 2d 234 (Fla. 1st DCA 1981) (award of attorney’s fees to defendant in paternity action reversed; chapter 742, Florida Statutes (1979), upheld against defendant’s due process and equal protection attack.) Accordingly, we REVERSE the trial court’s order.…
Previewing 3 of 4 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Randle-Eastern Ambulance Serv., Inc. v. Vasta, 360 So. 2d 68 (Fla. 1978)
- Kendrick v. Everheart, 390 So. 2d 53 (Fla. 1980)
- Kessler v. Medow, 374 So. 2d 75 (Fla. 3d DCA 1979)
- Gordon v. Warren Heating & AIR Conditioning, Inc., 340 So. 2d 1234 (Fla. 4th DCA 1976)
- Press v. Press, 340 So. 2d 1234 (Fla. 4th DCA 1976)
- Love v. Ira S. Jacobson, M.D., 390 So. 2d 782 (Fla. 3d DCA 1980)
- Culbertson v. Seacoast Towers E., Inc., 236 So. 2d 761 (Fla. 1970)
- City OF Hallandale v. Wiliam F. Chatlos, 236 So. 2d 761 (Fla. 1970)
- Freed v. Freed, 373 So. 2d 436 (Fla. 3d DCA 1979)
- Hayden v. Hayden, 373 So. 2d 436 (Fla. 3d DCA 1979)