J.N.B., APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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The court held that an attorney fee lien imposed without advising the juvenile of the lien or his right to a hearing was improper.
The trial court ordered a juvenile and his parents to pay attorney fees. However, the juvenile was not advised of the imposition of the lien or his ri…
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WHATLEY, J.
In this appeal brought pursuant to Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967), we have found no error affecting J.N.B.’s adjudications of delinquency and sentences; however, we strike J.N.B.’s attorney fee lien.
The trial court ordered J.N.B. and his parents to pay $250 for the services of his court appointed attorney. However, at his sentencing hearing, J.N.B. was not advised of the imposition of the attorney fee lien or of his right to a hearing to contest the amount of the lien. This was improper. See A.R. v. State, 475 So. 2d 308 (Fla. 2d DCA 1985). On remand, J.N.B. should have 30 days from the date of the mandate to file a written objection to the fees assessed. If an objection is filed, the assessment should be stricken, and a new assessment may be imposed with proper notice to J.N.B.
Accordingly, we affirm J.N.B.’s adjudications of delinquency and sentences and remand the case to give J.N.B. the opportunity to object to the imposition of the attorney fee lien.
THREADGILL, A.C.J., and GREEN, J., concur.
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Citator
Cited By
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Frank E. DePENA, Esq., of DePena & DePena, P.A. v. Cruz, 884 So. 2d 1062 (Fla. 2d DCA 2004)…t justify a finding that the attorney was entitled to the fee. See Liberty Mut. Ins. Co. v. Holbrook, 861 So. 2d 1216 (Fla. 2d DCA 2003); Lynn v. Allstar Steakhouse & Sports Bar, 736 So. 2d 722 (Fla. 2d DCA 1999); Calley v. Thomas M. Woodruff, P.A., 751 So. 2d 599, 600 (Fla. 2d DCA 1998). Since DePena acknowledges both that it was not legally impossible for him to continue his representation of Appellees and that he did not consider their claim for damages to be fraudulent, he has failed to fall within eithe…
Authorities Cited
- Anders v. California, 386 U.S. 738 (U.S. 1967)
- A.R. v. State, 475 So. 2d 308 (Fla. 2d DCA 1985)