Legal Opinion

Zelman v. Justice Administrative Commission

District Court of Appeal of Florida

Decided January 30, 2012No. 1D11-5108PublishedCited by 10 opinions

1Opinion of the CourtSwanson, J.

In this petition for writ of certiorari, petitioner claims the trial court departed from the essential requirements of law by limiting his attorney’s fee award to double the flat fee because the court failed to consider the number of hours expended by petitioner in determining whether the fee award was confiscatory. We agree and grant the petition.

Petitioner was appointed to represent an indigent criminal defendant, who had been charged with one count of manslaughter with a firearm. Over nine months later, petitioner filed a motion to dismiss the manslaughter charge pursuant to section…

2Cases cited5 opinions

  1. Makemson v. Martin CountySupreme Court of Florida · 1986
  2. White v. BOARD OF COUNTY COM'RS OF PINELLAS CTY.Supreme Court of Florida · 1989
  3. Tedder v. FLORIDA PAROLE COM'NDistrict Court of Appeal of Florida · 2003
  4. Board of County Commissioners v. CurryDistrict Court of Appeal of Florida · 1989
  5. Monroe County v. GarciaDistrict Court of Appeal of Florida · 1997

3Cited by10 opinions

  1. Christopher Parker-Cyrus v. Justice Administrative CommissionDistrict Court of Appeal of Florida · 2015
  2. Still v. Justice Administrative CommissionDistrict Court of Appeal of Florida · 2012
  3. Watts v. Justice Administrative CommissionDistrict Court of Appeal of Florida · 2013
  4. Fletcher v. Justice Administrative CommissionDistrict Court of Appeal of Florida · 2013
  5. Kelly v. Justice Administrative CommissionDistrict Court of Appeal of Florida · 2012

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