CopyCited 3 times | Published | Supreme Court of Florida | 28 Fla. L. Weekly Supp. 221, 2003 Fla. LEXIS 271, 2003 WL 746422
...Garcia,
229 So.2d 236, 238 (Fla.1969) ("The rules adopted by the Supreme Court are limited to matters of procedure, for a rule cannot abrogate or modify substantive law."). In addition, there are no statutory provisions for compensation of counsel appointed pursuant to the rule adopted by the majority. While section
39.0134, Florida Statutes (2002), provides that counties are to pay for court-appointed counsel for dependent children, this section applies only to counsel entitled to compensation "pursuant to a court appointment in a dependency proceeding pursuant to this chapter." §
39.0134(1), Fla....
CopyCited 2 times | Published | Florida 4th District Court of Appeal | 2003 WL 22901040
...ating that the court had already tried this case and that the $2800 award covered all of the time Anderson spent representing E.T. The order also stated: [t]he Court did find that an award of fees in excess of [the] $1,000 [statutory cap outlined in section 39.0134 of the Florida Statutes] was warranted....
...Here, the court did not make a finding as to the reasonable number of hours Anderson was being compensated for her representation of E.T. This finding was necessary to make the mathematical computation required under section 925.036 of the Florida Statutes. Weinstein,
588 So.2d at 329. Furthermore, at the trial level, under section
39.0134(2) of the Florida Statutes, attorney's fees are capped at $1000 for appointed counsel in a termination of parental rights proceeding....
...The court, however, noted that there is an identical statute that applies to attorneys who represent clients in termination of parental rights cases. Id. Since Scruggs, the two sections, which awarded attorney's fees for dependency cases and termination of parental rights cases, have been combined into section 39.0134 of the Florida Statutes....
