Opinion
No. FF-47.
August 25, 1977.
Interlocutory Appeal from Circuit Court, Bay County; Thomas R. Ellinor, Judge.
Duane N. Ivester, Chester G. Senf, Eric J. Haugdahl, Jacksonville, for appellant.
Scott R. Nabors of Staats Nabors, Panama City, for appellee.
The order assessing costs and attorney's fees against the Division of Family Services (now Social and Economic Services), Department of Health and Rehabilitative Services, State of Florida, is reversed on authority of J.E.R. v. State of Florida, 317 So.2d 89 (Fla. 1st. DCA 1975), and Florida Department of Health and Rehabilitative Services, etc. v. R.M.A. et al., 327 So.2d 844 (Fla. 1st. DCA 1976).
MILLS, Acting C.J., and SMITH and ERVIN, JJ., concur.