Baker v. Department of Mental Health

JOSEPH M. ELLIS, Judge.

I concur in the majority opinion’s denial of Appellant’s Point I on appeal, and I likewise concur in the majority’s recognition that Baker is entitled to an award of attorney’s fees incurred on appeal and its remand to permit the trial court to make such an award. I respectfully dissent, however, from the majority’s reversal of the trial court’s finding of a special factor under § 536.085(4), and its award of fees at an hourly rate of $150 per hour. I do so for two reasons. First, the majority opinion places an undue burden on the party seeking attorney’s fees by wholly…