Florida Department of Health & Rehabilitative Services v. In the Interest of R. M. A.

MILLS, Judge.

The Division of Youth Services appeals from an order awarding an attorney a fee for services rendered as guardian ad litem for two minors at a detention hearing, and directing the Division to pay the fee. The issues are whether the court had authority to direct the Division to pay the fee, and whether the court erred in entering the order where the Division was not served with nor given an opportunity to be heard on the motion for a fee. The court erred in both instances.

The record shows that the guardian ad litem did not serve a copy of his motion on the Division, and that the…