NANCY LOVE, APPELLANT,
v.
JAMES GORDON LOVE, APPELLEE
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A party represented by Legal Aid Society is not automatically disqualified from receiving attorney's fees.
The trial judge denied the appellant's request for attorney's fees, stating the representation was a public service based on the premise that neither …
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MOORE, Judge.
In this appeal appellant contends that the trial judge abused his discretion in denying her request for attorney's fees. In doing so the judge stated in the judgment:
“The court further finds that the respondent was referred by the Orange County Legal Aid Society to Attorney James N. Powers and as a result was represented by the Legal Aid Society through James N. Powers as a public service performed by a member of the Bar, upon the premise that neither party has the ability to compensate an attorney for the wife, and as a consequence the claim for an attorney’s fee is hereby denied.”
It is readily apparent that the ‘premise’ referred to above is that of the Legal Aid Society and not that of the judge. No finding was made by the court as to the appellant’s need for, or the appellee’s ability to pay, attorney’s fees.
As to an award of attorney’s fees, we see no reasonable basis on which to distinguish a client of a Legal Aid Society from one who retains private counsel. Accordingly, the judgment is reversed and this cause remanded with instructions to determine the need for attorney’s fees and the appel-lee’s ability to pay same. Assuming the judge finds that appellant is entitled to such an award, he shall determine the amount thereof.
REVERSED and REMANDED.
DOWNEY, C. J., and LETTS, J., concur.
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Modesto Monte v. State, 443 So. 2d 339 (Fla. 2d DCA 1983)…precluded from reversing the judgment on the basis that the plea was not voluntarily and knowingly entered because Monte failed to file below a motion to withdraw his guilty plea. Counts v. State, 376 So. 2d 59 (Fla.2d DCA 1979); Cf. Kadar v. State, 370 So. 2d 1231 (Fla. 4th DCA 1979).3 Nevertheless, because the record suggests that insufficient procedures were utilized concerning the interpreter’s participation in the acceptance of the plea, we briefly discuss the contention in the hope that similar problems…
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Balderrama v. State, 433 So. 2d 1311 (Fla. 2d DCA 1983)…ness shall be sworn to do so. § 90.606(3), Fla.Stat. (1981). If a defendant does not understand the full significance of his change of plea because of a language difficulty, then his plea has not been freely and voluntarily made. See Kadar v. State, 370 So. 2d 1231 (Fla. 4th DCA 1979). In the instant case, the record reflects that Roberto was not sworn prior to his acting as interpreter for Alberto. The court did not inquire into Roberto’s competency nor question his bias, despite the obvious conflict of inte…
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