Legal Opinion

Justice Administrative Commission v. Berry

District Court of Appeal of Florida

Decided February 4, 2009No. 3D08-2541, 3D08-2266PublishedCited by 6 opinions

1Opinion of the Court

WELLS, Judge.

In these separate petitions for writ of certiorari, the Justice Administrative Commission seeks review of two final orders directing it to pay attorneys’ fees to two attorneys, Manuel Garcia and Maria Berry, for representing putative fathers in separate termination of parental rights (“TPR”) proceedings. We consolidate the petitions for purposes of review and grant the petitions, finding that the trial court departed from the essential requirements of the law in ordering the Commission to pay attorneys’ fees where indigency was not, because it could not be, determined. See…

2Cases cited4 opinions

  1. State v. HarrisSupreme Court of Florida · 2004
  2. Mizell v. DealDistrict Court of Appeal of Florida · 1995
  3. S.S. v. State, Department of Children & Family ServicesDistrict Court of Appeal of Florida · 2008
  4. M.C. v. State, Department of Children & FamiliesDistrict Court of Appeal of Florida · 2001

3Cited by6 opinions

  1. Justice Administrative Commission v. HarpDistrict Court of Appeal of Florida · 2009
  2. W.G. v. S.A.District Court of Appeal of Florida · 2010
  3. JUSTICE ADMINISTRATIVE COMMISSION v. BieckerDistrict Court of Appeal of Florida · 2010
  4. JUSTICE ADMINISTRATIVE COMMISSION v. GaydenDistrict Court of Appeal of Florida · 2010
  5. Justice Administrative Commission v. RisenDistrict Court of Appeal of Florida · 2010

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