METROPOLITAN DADE COUNTY, APPELLANT,
v.
DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES, ETC., ET AL., APPELLEES
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The court reversed the trial court's order holding that Metropolitan Dade County must pay for psychological evaluations in child dependency proceedings, establishing that HRS bears this financial responsibility.
The Department of Health and Rehabilitative Services, not Metropolitan Dade County, is obligated to pay for psychological evaluations necessary in child dependency proceedings.
[1] The Department of Health and Rehabilitative Services is responsible for paying fees for psychological evaluations required in child dependency proceedings, not the county…
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Join FLexlaw to unlock all legal intelligenceA trial court determined that Metropolitan Dade County was responsible for paying for a psychological evaluation required in a child dependency procee…
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PER CURIAM.
We reverse the order of the trial court, which determined that Metropolitan Dade County, rather than HRS, was obligated to pay for the psychological evaluation necessary in a child dependency proceeding. As we and our sister courts have unequivocally held, fees such as these are the responsibility of HRS. Department of Health & Rehab. Servs. v. Metropolitan Dade County, 459 So. 2d 1182 (Fla. 3d DCA 1984); see also Department of Health & Rehab. Servs. v. Kahn, 639 So. 2d 689 (Fla. 5th DCA 1994); Department of Health & Rehab. Servs. v. A.H., 459 So. 2d 417 (Fla. 1st DCA 1984); In re R.W., 409 So. 2d 1069 (Fla. 2d DCA 1981), rev. denied, 418 So. 2d 1279 (Fla.1982). Accordingly, on remand we direct the trial court to enter judgment against HRS.
We remind the trial court that it is obligated to follow established law. Putnam County School Board v. Debose, 667 So. 2d 447, 449 (Fla. 1st DCA 1996)(“Under the doctrine of stare decisis, lower courts are bound to adhere to the rulings of higher courts when considering similar issues even though the lower court might believe the law should be otherwise.”); Wood v. Fraser, 677 So. 2d 15, 19 (Fla. 2d DCA 1996)(allowing trial courts to deviate from stare decisis would result in uncertainty and unpredictability, and “[a]l-though they are free to express their disagreements with decisions of higher courts, trial courts are not free to disregard them in the adjudicatory process.”).
Reversed and remanded with directions.
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Cited By
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Nard, Inc. v. DeVITO Contracting & Supply, Inc., 769 So. 2d 1138 (Fla. 2d DCA 2000)…1999); Romero v. All Claims Insurance Repairs, Inc., 698 So. 2d 605 (Fla. 3d DCA 1997); Gardner v. Sabal Point Properties, Inc., 616 So. 2d 1111 (Fla. 5th DCA 1993).3 In Metropolitan Dade County v. Department of Health and Rehabilitative Services, 683 So. 2d 188 (Fla. 3d DCA 1996), the Third District reminded the trial court that “it is obligated to follow established law.” (Emphasis in original). In Wood v. Fraser, 677 So. 2d 15 (Fla. 2d DCA 1996), this court stated: In closing, we take this opportunity t…
Authorities Cited
- Wood v. John Fraser, M.D., 677 So. 2d 15 (Fla. 2d DCA 1996)
- Park Rd. Mobile Manor, Inc. v. Breiden, 409 So. 2d 1069 (Fla. 4th DCA 1981)
- In the Interest of R. W. v. LEE Cnty., 409 So. 2d 1069 (Fla. 2d DCA 1981)
- Dep't of Health & Rehabilitative Servs. v. In the Interest of A.H., 459 So. 2d 417 (Fla. 1st DCA 1984)
- Thompson v. State, 667 So. 2d 447 (Fla. 2d DCA 1996)
- Dep't OF Health & Rehabilitative Servs. v. Kahn, 639 So. 2d 689 (Fla. 5th DCA 1994)
- Putnam Cnty. Sch. Bd. & Gallagher Bassett Servs. v. Debose, 667 So. 2d 447 (Fla. 1st DCA 1996)
- Thomas v. Huebsch, 459 So. 2d 1182 (Fla. 3d DCA 1984)
- State v. Metro. Dade Cnty. & The Interest of V.G., 459 So. 2d 1182 (Fla. 3d DCA 1984)