CHARLES E. RUSSELL, PETITIONER,
v.
COUNTY OF ESCAMBIA, A POLITICAL SUBDIVISION OF THE STATE OF FLORIDA, RESPONDENT
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PER CURIAM.
This appeal will be treated as a petition for certiorari, the proper vehicle for challenging an order awarding attorney fees to court-appointed counsel. See Johnson v. Citizens State Bank, 537 So. 2d 96 (Fla. 1989); Seminole County v. Waddell, 382 So. 2d 357 (Fla. 5th DCA 1980). The style of this case has been changed to reflect the proper parties.
The petition is granted. The trial court’s order setting the attorney fee at the statutory maximum is quashed and the case is remanded to the trial court for determination of a reasonable fee within the guidelines of White v. Board of County Commissioners of Pinellas County, 537 So. 2d 1376 (Fla.1989), and Makemson v. Martin County, 491 So. 2d 1109 (Fla.1986), cert. den., Martin County, Florida v. Makem- son, 479 U.S. 1043, 107 S.Ct. 908, 93 L.Ed.2d 857 (1987).
ERVIN, JOANOS and BARFIELD, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
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Jenkins v. Escambia Cnty., 614 So. 2d 1207 (Fla. 1st DCA 1993)…degree murder and four other offenses, appeals an order awarding him a fee for his services. The proper vehicle for challenging an order awarding attorney’s fees to court-appointed counsel is a petition for certiorari, Russell v. County of Escambia, 570 So. 2d 991 (Fla. 1st DCA 1990), and thus this appeal will be treated as a petition for certiorari. The petition is granted. Counsel expended approximately 210 hours representing the defendant in this case. The county did not contest the reasonableness of the…
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Brevard Cnty. v. Hammel, 575 So. 2d 772 (Fla. 5th DCA 1991)…SHED; REMANDED. COWART and GRIFFIN, JJ., concur. . Certiorari is the appropriate vehicle to review an order taxing costs or attorney's fees against the county in a case in which the county was not a party. See, e.g., Russell v. County of Escambia, 570 So. 2d 991 (Fla. 1st DCA 1990); Brevard County v. Eisenmenger, 567 So. 2d 1059 (Fla. 5th DCA 1990); Board of County Commissioners of Hillsborough County v. Scruggs, 545 So. 2d 910 (Fla. 2d DCA 1989); Brevard County Board of County Commissioners v. Moxley, 526…
Authorities Cited
- Makemson v. Martin Cnty., 491 So. 2d 1109 (Fla. 1986)
- White v. Bd. of Cnty. Comm'rs of Pinellas Cnty., 537 So. 2d 1376 (Fla. 1989)
- R.S. Johnson v. Citizens State Bank, 537 So. 2d 96 (Fla. 1989)
- Bowman v. United States, 479 U.S. 1043 (U.S. 1987)
- Williams v. Marlboro State Hosp., 479 U.S. 1043 (U.S. 1987)
- Cnty. OF Seminole v. The Honorable Tom Waddell, Jr., 382 So. 2d 357 (Fla. 5th DCA 1980)