In the Interest of L. R. R. v. Christian Family Services, Inc.

I respectfully dissent, believing that State ex rel. Cain v. Mitchell, 543 S.W.2d 785 (Mo.banc 1976), and other cases are controlling and require a finding by this court that attorney fees may not be taxed as costs absent express statutory authority or agreement of the parties. State ex rel. Cain v. Mitchell, supra, at 786. There is no express statutory authorization in § 211.462, RSMo 1978, and no agreement of the parties in the case at bar.

In State ex rel. Cain attorneys who had been appointed at various times to represent indigent juveniles attempted to have their fees taxed as court…