Department of Health & Rehabilitative Services v. Davenport

DELL, Judge.

The Department of Health and Rehabilitative Services (HRS) appeals from an award of attorney’s fees to the former wife in an action initiated by HRS and the former husband to modify child support.1

HRS contends the trial court erred when it awarded fees based upon section 57.105, Florida Statutes (1991), and section 61.16, Florida Statutes (1991), and that the trial court erred when it increased the attorney’s fee award in its supplemental order taxing costs and attorney’s fees. While we agree with appellant that the trial court erred when it found “a complete absence of a…