W.S.M. v. Department of Health & Rehabilitative Services

BENTON, Judge.

W.S.M., Jr., the father of two daughters (who each have the same initials: S.M.), appeals the denial of his motion to tax against the Department of Health and Rehabilitative Services (HRS) the costs, but not the attorney’s fees, he incurred in a dependency proceeding. We reverse and remand for further proceedings.

HRS filed a dependency petition under Chapter 39, Florida Statutes (1993), alleging that W.S.M., Jr., and his brother, M.M., sexually abused S.M. and S.M. A three-day hearing ensued at which twenty-two witnesses testified, including the children’s pediatrician, two…