BARRY A. WEINSTEIN, PETITIONER,
v.
PALM BEACH COUNTY, RESPONDENT
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The court held that an order awarding attorney fees to a court-appointed attorney must include a finding on the reasonable number of hours expended to allow for mathematical computation of fees.
Petitioner, a court-appointed attorney, sought review of an order awarding him only fifty percent of his requested attorney fees. The order did not sp…
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PER CURIAM.
Petitioner, Barry Weinstein, seeks relief from an order awarding him approximately fifty percent of the attorney’s fees he requested for his representation of an insolvent criminal defendant. We note first that a petition for certiorari is the appropriate method for seeking review of an order awarding counsel fees to a court appointed attorney in a criminal case. Beers v. Palm Beach County, 415 So. 2d 846 (Fla. 4th DCA 1982).
Although the order under review makes reference to the fixed hourly rate for court-appointed counsel in the circuit, it does not include the court’s finding regarding the reasonable number of hours expended by Mr. Weinstein in his representation of the indigent defendant.1 Such a finding is necessary in order to make the mathematical computation of the fees that is required by section 925.036, Florida Statutes (1989). Palm Beach County v. Butler, 524 So. 2d 507 (Fla. 4th DCA 1988); Dade County v. Goldstein, 384 So. 2d 183 (Fla. 3d DCA 1980).
Therefore, we grant the petition, quash the trial court’s order, and remand so that the trial court may determine the amount of hours petitioner reasonably expended in representing the indigent client. Further, while we recognize and are sympathetic to the court’s great concern over the escalating cost of private conflict representation, as this court stated in Beers, the cost of these services to the public is “not a proper factor to consider in setting the fee.” Beers, 415 So. 2d at 848.
CERTIORARI GRANTED; ORDER UNDER REVIEW QUASHED; and REMANDED.
ANSTEAD, WARNER and POLEN, JJ., concur. . The trial court stated, "The court believes all of the hours claimed were not reasonably necessary to afford Mr. Ashton constitutional representation.” This finding will not be disturbed on appeal, but the reviewing court must also be informed how many hours were reasonably necessary.
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Monroe Cnty. v. Garcia, 695 So. 2d 823 (Fla. 3d DCA 1997)…fense counsel, see Metropolitan Dade County v. Gold, 509 So. 2d 407 (Fla. 3d DCA 1987); Goldstein, 384 So. 2d at 189, or the requisite finding as to the hours reasonably expended by Garcia in representing Hoffman. See Weinstein v. Palm Beach County, 588 So. 2d 329 (Fla. 4th DCA 1991); Goldstein, 384 So. 2d at 189. Finally, the court made no finding that the case merited a fee award in excess of the statutory limit.6 To support such a fee award, the record must show and the court must find that the case involv…1 / 2
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Gaila M. Anderson v. E.T., 862 So. 2d 839 (Fla. 4th DCA 2003)…the established hourly rate, it must compute the fee.” Swartz v. Bd. of County Comm’rs of Manatee County, 842 So. 2d 980, 982 (Fla. 2d DCA 2003) (citing Monroe County v. Garcia, 695 So. 2d 823, 826 (Fla. 3d DCA 1997); Weinstein v. Palm Beach County, 588 So. 2d 329 (Fla. 4th DCA 1991)). Here, the court did not make a finding as to the reasonable number of hours Anderson was being compensated for her representation of E.T. This finding was necessary to make the mathematical computation required under section 92…
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Swartz v. Bd. of Cnty. Comm'rs of Manatee Cnty., 842 So. 2d 980 (Fla. 2d DCA 2003)…reasonably expended a certain number of hours in representing the indigent client, and then, using the established hourly rate, it must compute the fee. Monroe County v. Garcia, 695 So. 2d 823, 826 (Fla. 3d DCA 1997); Weinstein v. Palm Beach County, 588 So. 2d 329 (Fla. 4th DCA 1991). Because the trial court’s order and the record do not reflect the necessary findings, we grant the petition and remand with directions that the trial court make the necessary findings and recalculate the fee award consistent wit…
Authorities Cited
- Dade Cnty. v. Goldstein, 384 So. 2d 183 (Fla. 3d DCA 1980)
- Smith v. State, 415 So. 2d 846 (Fla. 1st DCA 1982)
- In re Matter of Attorney's Fees Awarded IN State OF Fla. v. Dale M. Warman. Mitchell J. Beers, 415 So. 2d 846 (Fla. 4th DCA 1982)
- Palm Beach Cnty. v. Butler, 524 So. 2d 507 (Fla. 4th DCA 1988)