GLADYS EHRLICH, APPELLANT,
v.
PATRICIA K. ALLEN, APPELLEE

Fla. 4th DCA | 2009-07-01
Nos. 4D08-1715, 4D08-2228
POLEN and GERBER, JJ., concur.
10 So. 3d 1210 Florida District Court of Appeal, Fourth District (2009) Positive Treatment
Cited by 4 cases

Opinion of the Court
FARMER, J.

FARMER, J.

As we did in Ehrlich v. Severson, 985 So.2d 639 (Fla. 4th DCA 2008), with regard to fees of the examining committee, we reverse the award of fees to the attorney for the alleged ward. In this case involving the same involuntary petition to determine competency in which the subject was not found incompetent, any award of fees incurred by counsel appointed to represent the subject must come, if at all, from the petitioner. See § 744.331(7)(c), Fla. Stat. (2007) (“If the petition is dismissed, 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”).

Reversed.

POLEN and GERBER, JJ., concur.


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