FLORIDA DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES, APPELLANT,
v.
JESSIE CISNEROS, JR., APPELLEE
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
The Florida Department of Health and Rehabilitative Services appealed an order awarding attorney's fees to a defendant in a paternity action. The appellate court reversed the award, finding no statutory basis for it under the circumstances.
No, there is no statutory basis for awarding attorney's fees to the defendant in this paternity action. The statutes cited do not support such an award under these facts.
[1] A statutory obligation to initiate a paternity action does not, in itself, provide a basis for awarding attorney's fees against the initiating department when the action…
[2] A defendant in a paternity action is not entitled to attorney's fees under section 742.031, Florida Statutes, when the action is not frivolous.
Previewing 2 of 4 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“While we can appreciate the trial court’s desire to relieve Cisneros of the cost of his defense, we find no statutory basis for an award of attorney’s fees under the facts presented.”
Establishes the court's finding that no legal grounds existed for the fee award.
Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceThe Department of Health and Rehabilitative Services initiated a paternity action based on information from a mother receiving public assistance. Bloo…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Statutory Obligation cases and more on FLexlaw
BOARDMAN, Judge.
The Florida Department of Health and Rehabilitative Services appeals the trial court’s order awarding attorney’s fees to Jessie Cisneros, Jr., the successful defendant in a paternity action brought by the department on behalf of a mother receiving public assistance for her dependent child.
The record establishes that the department initiated this action in discharge of its statutory obligation under section 409.2561 and section 409.2564, Florida Statutes (1981), in good faith reliance upon information furnished by the mother in both her application for public assistance and paternity questionnaire. Although the mother reasserted her allegations in sworn responses to defense interrogatories, Cisne-ros was ultimately absolved from responsibility when blood grouping examinations excluded him as a possible biological father of the child.
The trial court subsequently rendered judgment for Cisneros and grant ed his motion to tax $300 in attorney’s fees against the department and the mother. While we can appreciate the trial court’s desire to relieve Cisneros of the cost of his defense, we find no statutory basis for an award of attorney’s fees under the facts presented. As the department correctly asserts, neither section 57.105 nor section 742.031, Florida Statutes (1981), supports the trial court’s award. This action was not “ ‘so clearly devoid of merit both on the facts and the law as to be completely untenable,’ ” and thus subject to an award of attorney’s fees under section 57.105, Whitten 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. OTT, C.J., and CAMPBELL, J., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Dep't OF Health & Rehabilitative Servs. OF the State OF Fla. v. Crossdale, 585 So. 2d 481 (Fla. 4th DCA 1991)…he remedies of chapter 61 into HRS’s quiver, this one came hide-bound with the reciprocal obligation for fees if otherwise appropriate under section 61.16. We see our decision in Florida Department of Health and Rehabilitative Services v. Cisneros, 446 So. 2d 727 (Fla. 4th DCA 1984), as involving facts slightly different from those involved here. We there found that HRS acted in good faith in reliance on the information given by the mother. In the present case, however, we are unable to find good faith when…
-
Rogers v. Cooper, 575 So. 2d 266 (Fla. 1st DCA 1991)…ts 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 because the statute addressing attorney’s fees and costs in paternity actions, Section 742.031, Florid…
-
Donna Richardson & the Fla. Dep't of Health & Rehabilitative Servs. v. Helms, 502 So. 2d 1372 (Fla. 2d DCA 1987)…ere were justi-ciable issues of law and fact raised. We agree. A putative father is not a party entitled to receive attorney’s fees under section 742.031, Florida Statutes (1985). Florida Department of Health and Rehabilitative Services v. Cisneros, 446 So. 2d 727 (Fla. 2d DCA 1984). In addition, we find that appellee is not entitled to attorney’s fees under section 57.105, Florida Statutes (1985), because HRS brought the paternity action in good faith reliance on information provided by Donna Richardson whic…
Authorities Cited
- Whitten v. Progressive Cas. Ins. Co., 410 So. 2d 501 (Fla. 1982)
- Carola D. Allen v. Est. of Ellen C. Dutton, 384 So. 2d 171 (Fla. 5th DCA 1980)
- Brenda Cain & the State of Fla. Dep't of Health & Rehabilitative Servs. v. Sims, 396 So. 2d 234 (Fla. 1st DCA 1981)