JAMES F. STUMP, APPELLANT,
v.
DIANA C. FORESI, APPELLEE
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PER CURIAM.
This is an appeal by a putative father who had brought an action for a declaration of parental rights and duties as to the subject child. The trial court ordered an award of attorney’s fees and costs to the child’s mother. We reverse.
The taxing of attorney’s fees and costs is done in derogation of the common law; hence, there is no jurisdiction to do so absent an applicable statute or rule, or agreement between the parties. Here, neither specific statute nominated as authority applies. Section 61.16, Florida Statutes (1983), is inapplicable because this was not a marriage dissolution matter. Section 742.031, Florida Statutes (1983), does not apply because respondent/appellee was not a prevailing complainant in a paternity case. The general statutes similarly fail to authorize the assessments. Section 57.041 provides for recovery of costs by the prevailing party; and section 57.105 authorizes award of reasonable attorney’s fees to the prevailing party only when the losing party has raised no justiciable issue.
Finally, there is no claim appellant agreed to pay appellee’s costs and fees.
DOWNEY, LETTS and GLICKSTEIN, JJ., concur.
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P.A.G. v. A.F., 602 So. 2d 1259 (Fla. 1992)…torney’s fees is in derogation of common law, Florida courts have historically refused to grant attorney’s fees in the absence of a specific authorization. Rivera v. Deauville Hotel, Employers Serv. Corp., 277 So. 2d 265 (Fla.1973); Stump v. Foresi, 486 So. 2d 62 (Fla. 4th DCA1986). I am unable to read section 742.06 as incorporating the authority of section 742.031 to award attorney’s fees. The Second District Court of Appeal reached the same conclusion in Mortenson v. Johnson, 566 So. 2d 579 (Fla. 2d DCA19…
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Marino & Goodman, P.A. v. Chapman, 561 So. 2d 1318 (Fla. 4th DCA 1990)…ase. As held in Hornsby v. Newman, 444 So. 2d 90, 91 (Fla. 4th DCA 1984), we also hold that the mother’s action “bears the indicia of a Chapter 742 paternity proceeding and, therefore, is subject to its provisions.” We distinguish Stump v. Foresi, 486 So. 2d 62 (Fla. 4th DCA 1986), where the natural mother only defended against the natural father’s action for declaration of parental rights and duties. Also, we note that since Stump, section 742.031, Florida Statutes (Supp.1988), has been amended to read in…
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P.A.G. v. A.F., 564 So. 2d 266 (Fla. 4th DCA 1990)…years, committed to the proposition that attorney’s fees may be awarded against a party only when provided for by contract, by [*267] statute, or where the attorney’s services create or bring a fund or other property into the court. Stump v. Foresi, 486 So. 2d 62 (Fla. 4th DCA 1986); Israel v. Lee, 470 So. 2d 861 (Fla. 2d DCA 1985). In the present case, there is clearly no agreement or fund produced so the issue revolves around the existence, or not, of any pertinent statutory authority. The mother contends…
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