BREVARD COUNTY, FLORIDA, PETITIONER,
v.
GREGORY L. HAMMEL, ESQUIRE, RESPONDENT
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Brevard County challenged a trial court order directing it to pay attorney's fees for a court-appointed attorney ad litem in a dependency proceeding. The appellate court granted the petition, finding the order violated due process because the county received no notice of the fee motion hearing and no opportunity to object.
The trial court's order violated due process because the county, though not a party, was ordered to pay fees without adequate notice and without receiving an opportunity to object. The order is quashed and the case is remanded for further proceedings.
[1] A county's due process rights are violated when it is ordered to pay attorney's fees without adequate notice and an opportunity to object.
[2] Certiorari is the appropriate remedy to review an order taxing attorney's fees against a county that was not a party to the underlying proceeding.
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Join FLexlaw to unlock all legal intelligence“the trial court erred in requiring a county to pay the attorney's fees of an indigent defendant's court-appointed attorney when the county was not given notice of the hearing on the motion for payment of fees, because the procedure violated due process”
Establishes the governing legal principle that counties must receive notice of fee hearings
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Join FLexlaw to unlock all legal intelligenceGregory Hammel was appointed attorney ad litem for three children in a dependency proceeding at the request of their guardian ad litem. The trial judg…
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W. SHARP, Judge.
Brevard County petitions for a writ of certiorari1 to quash the circuit court’s order which directed the county to pay attorney’s fees to Gregory L. Hammel. The court appointed Hammel attorney ad litem for three children in a dependency proceeding. The county argues that the trial court’s order constitutes a departure from the essential requirements of law because it was entered without adequate notice to the county and without allowing the county an opportunity to object, in violation of the county’s due process rights. We agree.
Gregory Hammel was appointed attorney ad litem for three children at the request of their guardian ad litem. In the order appointing Hammel, the trial judge indicated that Hammel would be compensated from public funds. Accordingly, Hammel filed a motion for attorney’s fees, a copy of which was mailed to the county attorney. However, the day after the motion was filed and mailed, the trial court entered an order granting the motion without holding a hearing.
In Murphy v. Escambia County, 358 So. 2d 903 (Fla. 1st DCA), cert. dismissed, 362 So. 2d 1052 (Fla.1978), the court held that the trial court erred in requiring a county to pay the attorney’s fees of an indigent defendant’s court-appointed attorney when the county was not given notice of the hearing on the motion for payment of fees, because the procedure violated due process. See also Florida Department of Health and Rehabilitative Services, Division of Youth Services, Bureau of Field Services v. R.M.A., 327 So. 2d 844 (Fla. 1st DCA 1976) (entry of order directing HRS to pay guardian ad litem’s attorney’s fees reversed where guardian failed to serve copy of motion on HRS); Dade County v. Baker, 257 So. 2d 583 (Fla. 3d DCA 1972) (county could not be ordered to pay funeral expenses for prisoner who died in overcrowded jail without first giving nonparty county notice and an opportunity to object).
Similarly, in this case, the county was ordered to pay the attorney ad litem’s fees without having adequate notice and without receiving any opportunity to object. Therefore, we grant the petition for writ of certiorari, and quash the order directing the county to pay the attorney ad litem’s fees. We remand the case to the trial court for further proceedings.
Writ GRANTED; order QUASHED; 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 So. 2d 1023 (Fla. 5th DCA 1988).
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Just. Admin. Comm'n v. Gayden, 28 So. 3d 162 (Fla. 5th DCA 2010)…nted, should not have been entered without giving JAC the opportunity to be heard on its objection. The circuit court’s failure to provide this opportunity constitutes a departure from the essential requirements of law. Cf. Brevard County v. Hammel, 575 So. 2d 772, 773 (Fla. 5th DCA 1991). Therefore, we quash the order awarding attorney’s fees so that a hearing may be held. We also direct the circuit court’s attention to the recent opinions of Justice Administrative Commission v. Harp, 24 So. 3d 779, (Fla. 5…
Authorities Cited
- Bd. of Cnty. Comm'rs of Hillsborough Cnty. v. Scruggs, 545 So. 2d 910 (Fla. 2d DCA 1989)
- Dade Cnty. v. Honorable Paul Baker, 257 So. 2d 583 (Fla. 3d DCA 1972)
- Fla. Dep't of Health & Rehabilitative Servs. v. In the Interest of R. M. A., 327 So. 2d 844 (Fla. 1st DCA 1976)
- Brevard Cnty. Bd. OF Cnty. Comm'rs v. The Honorable John Dean Moxley, Jr., 526 So. 2d 1023 (Fla. 5th DCA 1988)
- Brevard Cnty. v. Eisenmenger, 567 So. 2d 1059 (Fla. 5th DCA 1990)
- Murphy v. Escambia Cnty., 358 So. 2d 903 (Fla. 1st DCA 1978)
- Russell v. Cnty. OF Escambia, 570 So. 2d 991 (Fla. 1st DCA 1990)