MURIEL J. KRUEGER, APPELLANT,
v.
SCHOOL DISTRICT OF HERNANDO COUNTY, FLORIDA, APPELLEE
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Muriel Krueger, a suspended teacher, sought attorney's fees after winning reinstatement in an administrative proceeding. The school district denied her request without a formal evidentiary hearing. The court reversed and remanded, holding that disputed attorney's fees claims require a formal hearing under Florida's Administrative Procedure Act.
A disputed attorney's fees claim constitutes a disputed issue of material fact that entitles the claimant to a formal evidentiary hearing pursuant to Florida's Administrative Procedure Act § 120.57. The school district erred by denying the attorney's fees request without such a hearing.
[1] A party seeking attorney's fees in an administrative proceeding is entitled to a formal evidentiary hearing when the right to such fees presents a disputed issue of mater…
[2] Denying a request for attorney's fees without conducting a formal evidentiary hearing on the disputed issue constitutes error under Florida's Administrative Procedure Act…
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Join FLexlaw to unlock all legal intelligence“Krueger's right to attorney's fees, approximating $42,000, is clearly a disputed issue of material fact, thereby entitling her to a formal evidentiary hearing pursuant to Florida's Administrative Procedure Act, § 120.57 Florida Statutes (1987).”
Establishes the legal standard that attorney's fees claims constituting disputed material facts require formal evidentiary hearings
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Join FLexlaw to unlock all legal intelligenceKrueger, an elementary school teacher with a continuing contract, was suspended without pay by the Hernando County School District. A hearing officer …
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GOSHORN, Judge.
Muriel J. Krueger appeals an’ order by the School District of Hernando County denying her request for determination of attorney’s fees. We reverse.
Krueger, an elementary school teacher with a continuing contract, was suspended without pay by the school district. The matter was referred to the Division of Administrative Hearings. After making findings of fact and conclusions of law, a hearing officer issued a recommended order. This order was adopted by the school district and resulted in Krueger’s reinstatement.
Unfortunately, the recommended order failed to address Krueger’s request for attorney’s fees. This request was made by Krueger at least four times during the course of the administrative proceedings and was included in her proposed recommended order to the hearing officer. Krueger timely moved the school district to remand to the hearing officer for determination of attorney’s fees. This motion was denied. Krueger then filed a renewed motion to remand in which she requested alternatively that the school board itself hold an evidentiary hearing and rule on her request.
The Board, acting through its attorney, issued a notice of hearing entitled “FINAL DETERMINATION OF MOTION FOR ATTORNEY’S FEES.” The “hearing” was held at the end of a school board meeting. Krueger was not afforded an opportunity to offer evidence or present testimony. After some general discussion, the board voted to deny both the remand to the hearing officer and the request for attorney’s fees.
Krueger’s right to attorney’s fees, approximating $42,000, is clearly a disputed issue of material fact, thereby entitling her to a formal evidentiary hearing pursuant to Florida’s Administrative Procedure Act, § 120.57 Florida Statutes (1987). McDonald v. Department of Banking and Finance, 346 So. 2d 569 (Fla. 1st DCA 1977). Thus, the School District erred by denying Krueger’s request for determination of attorney’s fees in the absence of any evidentiary hearing on this issue. Cohn v. Department of Professional Regulation, 477 So. 2d 1039, 1047 (Fla. 3d DCA 1985). See also, Inverness Convalescent Center v. Department of Health and Rehabilitative Services, 512 So. 2d 1011, 1015 (Fla. 1st DCA 1987); Friends of Children v. Department of Health and Rehabilitative Services, 504 So. 2d 1345, 1348 (Fla. 1st DCA 1987); Venetian Shores Home and Property Owners v. Ruzakawski, 336 So. 2d 399, 401 (Fla. 3d DCA 1976).
It therefore follows that it was error not to grant appellant’s motion to remand. The appellee is directed to remand appellant’s request for attorney’s fees to the hearing officer for a formal evidentiary hearing in accordance with § 120.57, Florida Statutes (1987).
REVERSED and REMANDED with instructions.
DAUKSCH, J„ and CONRAD, R.F., Associate Judge, concur.
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Werthman v. Sch. Bd. of Seminole Cnty., 599 So. 2d 220 (Fla. 5th DCA 1992)…back pay are the extent of Werthman's remedy. At oral argument, Werthman argued and the School Board acknowledged that we had previously approved an award of attorney’s fees in a termination proceeding in Krueger v. School Dist. of Hernando County, 544 So. 2d 331 (Fla. 5th DCA 1989). However, Krueger does not hold that the Administrative Procedure Act2 provides an absolute right to attorney’s fees in wrongful termination cases. In Krueger, the school board conceded that the teacher had a right to seek discre…
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Davis v. The Sch. Bd. OF Gadsden Cnty., 646 So. 2d 766 (Fla. 1st DCA 1994)…e School Board’s final order found that appellant did not demonstrate entitlement to attorney’s fees. While the School Board could lawfully have reimbursed appellant for the attorney’s fees he incurred, Krueger v. School District of Hernando County, 544 So. 2d 331 (Fla. 5th DCA 1989); Sulcer v. McFatter, 497 So. 2d 1349 (Fla. 4th DCA 1986), we do not have authority to require it, and we do not disturb the School Board’s refusal to make such an award. In order to provide all relief to which the Board’s findin…
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Ferris A. French v. The Sch. Bd. OF Polk Cnty., 568 So. 2d 497 (Fla. 2d DCA 1990)…ived by both parties. Zarifian v. Department of State, Division of Licensing, 552 So. 2d 267 (Fla. 2d DCA 1989); South Florida Water Management District v. St. Cloud, 550 So. 2d 551 (Fla. 5th DCA 1989); Krueger v. School District of Hernando County, 544 So. 2d 331 (Fla. 5th DCA 1989), and Taylor v. School Board of Seminole County, 538 So. 2d 150 (Fla. 5th DCA 1989). The record presented to us in this appeal raises a myriad of questions which must be resolved in a formal evidentiary hearing. The most important…
Previewing 3 of 4 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- McDONALD v. Dep't OF Banking & Fin., 346 So. 2d 569 (Fla. 1st DCA 1977)
- Cohn v. Dep't of Prof'l Reg., 477 So. 2d 1039 (Fla. 3d DCA 1985)
- Venetian Shores Home & Prop. Owners & other Adverse Interested Parties v. Henry C. Ruzakawski & the Dep't of Transp., 336 So. 2d 399 (Fla. 3d DCA 1976)
- Friends OF Children v. Dep't of Health & Rehabilitative Servs., 504 So. 2d 1345 (Fla. 1st DCA 1987)
- Inverness Convalescent Ctr. v. Dep't of Health & Rehabilitative Servs., 512 So. 2d 1011 (Fla. 1st DCA 1987)