FLORIDA DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES, DIVISION OF YOUTH SERVICES, BUREAU OF FIELD SERVICES, APPELLANT,
v.
IN THE INTEREST OF R. M. A., A MINOR, AND C. B. A., A MINOR, APPELLEES
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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..
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In the Interest of R. W. v. LEE Cnty., 409 So. 2d 1069 (Fla. 2d DCA 1981)…he prime responsibility for carrying out the provisions of that chapter upon appellant. Appellant, therefore, should pay the costs incurred in carrying out that responsibility. Florida Department of Health & Rehabilitative Services v. In Re R.M.A., 327 So. 2d 844 (Fla. 1st DCA 1976), held in a similar case that the appellant could not be required to pay a fee to the guardian ad litem. We are not in conflict, however, since that case was based on lack of statutory authority for award of a fee to a guardian ad…
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Div. of Fam. Servs. (now Soc. & Econ. Services) Dep't of Health & Rehabilitative Servs. v. In the Interest of M. V. W., 349 So. 2d 232 (Fla. 1st DCA 1977)…es), Department of Health and Rehabilitative Services, State of Florida, is reversed on authority of J.E.R. v. State of Florida, 317 So. 2d 89 (Fla. 1st. DCA 1975), and Florida Department of Health and Rehabilitative Services, etc. v. R.M.A. et al., 327 So. 2d 844 (Fla. 1st. DCA 1976). MILLS, Acting C. J., and SMITH and ERVIN, JJ., concur.…
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Marion Cnty. v. Johnson, 586 So. 2d 1163 (Fla. 5th DCA 1991)…Attorney Johnson, who would bear his own fees and costs if he remains unpaid. C.T.; State ex rel. Dep’t of Health & Rehabilitative Services v. Nourse, 489 So. 2d 1214 (Fla. 4th DCA 1986); Florida Dep’t of Health & Rehabilitative Services v. R.M.A., 327 So. 2d 844 (Fla. 1st DCA 1976). ■ ATTORNEY AD LITEM VERSUS GUARDIAN AD LITEM Before beginning the determination of who must bear the burden of Johnson’s fees and costs and whether a limitation as to amount exists, it seems appropriate to find authority for h…
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