5D09-3053 JAC v. Gayden

State: Florida

Court: Florida Fifth District Court

Docket No: 5D09-3053

Case Date: 02/08/2010

Preview:IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT JANUARY TERM 2010

JUSTICE ADMINISTRATIVE COMMISSION, Petitioner, v. VANESSA T. GAYDEN, ESQUIRE, Respondent. ________________________________/ Case No. 5D09-3053

Opinion filed February 12, 2010 Petition for Certiorari Review of Order from the Circuit Court for Orange County, Gail Adams, Judge. Christian D. Lake, Assistant General Counsel Justice Administrative Commission, Tallahassee, for Petitioner. No Appearance for Respondent.

PER CURIAM. The Justice Administrative Commission (JAC) seeks certiorari review of an order awarding attorney's fees to Vanessa T. Gayden, Esquire (Gayden). JAC objects

because the order was entered without a hearing. Certiorari is an appropriate remedy. On August 28, 2007, the circuit court appointed Gayden to represent the mother in a dependency proceeding. On November 19, 2007, Gayden submitted a bill for $1,000, which JAC paid. This would have concluded Gayden's involvement in the case but for the fact that the Department of Children and Families had filed a petition to

terminate the mother's parental rights. The mother, though personally served with a summons and notice to appear, failed to appear at the termination advisory hearing. Nonetheless, at this hearing, the circuit court appointed Gayden to represent the mother, and Gayden presented argument on the mother's behalf. The trial court

subsequently entered an order terminating the mother's parental rights, finding that the mother's default by failure to appear constituted her consent to the termination of her parental rights. Gayden submitted a bill for $1,000 to JAC for her legal representation of the mother in the termination of parental rights proceeding. JAC sent a letter of objection to Gayden, asserting that it did not have statutory authority to pay because the parent must be present in the court at the time counsel is appointed. JAC instructed Gayden that if she were to seek compensation in the circuit court, she should note JAC's objection and request a hearing. As directed, Gayden filed a "Petition for Payment of Attorney's Fees," wherein she noted that JAC objected to the payment of the fees, and she requested a hearing on the matter. The circuit court, without holding a hearing, entered an order directing JAC to pay $1,000 to Gayden. JAC is authorized to pay flat fees to appointed counsel in certain proceedings, including dependency and termination of parental rights cases. If there is an objection, the court retains primary authority and responsibility for determining the reasonableness of all billings for attorney's fees, costs, and related expenses, subject to statutory limitations. See

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