A.D., A CHILD, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 5th DCA | 2010-09-17
No. 5D09-4110
GRIFFIN, SAWAYA and PALMER, JJ., concur.
44 So. 3d 213 Florida District Court of Appeal, Fifth District (2010) Positive Treatment
Cited by 4 cases
Topics
Indigency

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Opinion of the Court
PER CURIAM.

PER CURIAM.

A.D., a juvenile, appeals his disposition order which was entered by the trial court after A.D. was found guilty of violating the terms of his probation. A.D. contends that the trial court erred in directing him to pay the costs incurred in connection with his competency evaluations because he had been declared indigent by the court. The State essentially concedes error in this case, noting that the case of W.Z. v. State, 35 So.3d 51 (Fla. 5th DCA 2010), in which this court held that such an assessment of costs was improper, was not decided until six months after the trial court entered its order in this case. The ruling in W.Z. is controlling and, accordingly, we strike the portion of the disposition order which directs A.D. to pay the costs for his competency evaluations.

REVERSED and REMANDED.

GRIFFIN, SAWAYA and PALMER, JJ., concur.

Cases With Similar Vibessemantic neighbors from the corpus

Citator

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  • Gunn v. Ubbels, 101 So. 3d 420 (Fla. 5th DCA 2012)
    …parties have similar financial ability to obtain competent legal counsel. Rosen v. Rosen, 696 So. 2d 697, 699 (Fla.1997). To make this determination, the trial court must consider the relative financial resources of the parties. Kouzine v. Kouzine, 44 So. 3d 213, 215 (Fla. 5th DCA 2010). In addition, the trial court must make findings of the requesting spouse’s need for such fees and the other spouse’s ability to pay them. Fuller v. Fuller, 29 So. 3d 380 (Fla. 5th DCA 2010); Lovell v. Lovell, 14 So. 3d 1111…
  • Serbousek v. Lucas, 191 So. 3d 539 (Fla. 5th DCA 2016)
    …ttorney’s fees. ' This is also an area in which trial courts have broad discretion. The purpose of an award, of attorney’s fees in a dissolution case is to “ensure[ ] that both parties are able to retain competent legal counsel.” Kouzine v. Kouzine, 44 So. 3d 213, 215. (Fla. 5th DGA 2010). The trial court must determine “whether one spouse has a need for such fees and. the other has the ability to pay them.” Id. at 215-16 (citing Lovell v. Lovell, 14 So. 3d 1111, 1116-17 (Fla. 5th DCA 2009)). Beyond need and…
  • Holloway v. Johna Holloway, 246 So. 3d 1307 (Fla. 5th DCA 2018)
    …ourt's order awarding former wife attorney's fees because that decision is not supported by the record. "An award of attorney's fees in a dissolution proceeding depends upon the relative financial circumstances of the parties." Kouzine v. Kouzine, 44 So. 3d 213, 215 (Fla. 5th DCA 2010). When considering the relative financial circumstances of the parties, the court must determine whether one party has a need for such fees and whether the other party has the ability to pay them. Id. It is error for the tria…

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