Summary
In Faber, the court stated that its decision was based on the reasoning and result of Board of County Comm'rs of Hillsborough County v. Scruggs, 545 So.2d 910 (Fla. 2d DCA 1989).
Summary of this case from Monroe County v. GarciaOpinion
No. 90-727.
June 26, 1990.
Petition for review from the Circuit Court for Dade County, Steve Levine, J.
Robert A. Ginsburg, County Atty., and Eric K. Gressman, Asst. County Atty., for petitioner.
Robin W. Faber, in pro. per.
Before SCHWARTZ, C.J., and COPE and GODERICH, JJ.
Dade County seeks certiorari review of an order requiring it to pay a reasonable attorney's fee to the court appointed lawyer for the mother in a dependency and termination of parental rights proceeding in an amount in excess of the $1,000 maximum provided by section 39.415, Florida Statutes (1989). On the basis of our agreement with the reasoning and result of Board of County Comm'rs v. Scruggs, 545 So.2d 910 (Fla. 2d DCA 1989), we deny the petition.
Apart from its argument on the merits, the petitioner claims a deviation from the procedure for the allowance of fees approved in Carr v. Dade County, 250 So.2d 865 (Fla. 1971). We doubt that Carr, which essentially involved an interplay between the then-existing criminal court of record where the attorney had performed his services, but which had no authority to enter a money judgment, and the circuit court, which did have that power, has any present-day application. Even if it does, however, we find that none of the alleged procedural deficiencies adversely affected the county's substantial rights.
We certify to the supreme court that this case involves a question of great public importance as to the availability of reasonable attorney's fees for court appointed lawyers in dependency and termination proceedings.
Certiorari denied, questioned certified.