PHILIP JEROME ALEONG, D.V.M., APPELLANT,

v.

STATE OF FLORIDA, DEPARTMENT OF BUSINESS & PROFESSIONAL REGULATION, APPELLEE

Citator

Cited By

• Faulkner v. Faulkner, 65 So. 3d 1167 (Fla. 1st DCA 2011)
  …ee fees, the court, in a subsequent decision involving the same appellant, determined under the same statute that “any award of fees incurred by counsel appointed to represent the subject must come, if at all, from the petitioner.” Ehrlich v. Allen, 10 So. 3d 1210, 1211 (Fla. 4th DCA 2009) (emphasis supplied). In Levine, the Fifth District reversed an order requiring the petitioner to pay the examining committee fees where the petition to determine incapacity was dismissed and there was no finding that the p…
• In re Guardianship OF Mary W. Klatthaar. Marion Yazdzik v. Scott, 129 So. 3d 482 (Fla. 2d DCA 2014)
  …s dismissed, as it was here, section 744.331(7)(c) controls and provides that “costs and attorney’s fees of the proceeding may be assessed against the petitioner if the court finds the petition to have been filed in bad faith.” See Ehrlich v. Allen, 10 So. 3d 1210, 1211 (Fla. 4th DCA 2009) (holding that where the petition for incapacity is dismissed, “any award of fees incurred by counsel appointed to represent the subject must come, if at all, from the petitioner”); Ehrlich v. Severson, 985 So. 2d 639, 640 (…
• Steiner v. Guardianship OF Joan S. Steiner, 159 So. 3d 253 (Fla. 2d DCA 2015)
  …esponsible for paying the court-appointed attorney’s fees and the examining committee’s fees when a good-faith petition is dismissed. See Klatthaar, 129 So. 3d at 484; Faulkner v. Faulkner, 65 So. 3d 1167, 1169 (Fla. 1st DCA 2011); Ehrlich v. Allen, 10 So. 3d 1210, 1211 (Fla. 4th DCA 2009); Levine v. Levine, 4 So. 3d 730, 731 (Fla. 5th DCA 2009); Ehrlich v. Severson, 985 So. 2d 639, 640 (Fla. 4th DCA 2008). This is the predicament the trial court in this case found itself in when faced with a request for fees…

Authorities Cited

• Barry Jack Kaplan, D.O. v. Dep't of Health, 8 So. 3d 391 (Fla. 5th DCA 2009)