In Re Interest of MP, 472 So. 2d 732 (Fla. 1985). · Go Syfert
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In Re Interest of MP, 472 So. 2d 732 (Fla. 1985). Cases Citing This Book View Copy Cite
20 citation events (2 in the last 25 years) across 3 distinct courts.
Strongest positive: Richard DeLisle v. Crane Co. (fla, 2018-10-15)
Treatment trajectory · 1985 → 2026 · click a year to view as-of
1985 2005 2026
Top citers, strongest first. 7 distinct citers.
discussed Cited "see" Richard DeLisle v. Crane Co. (2×)
Fla. · 2018 · signal: see · confidence high
See In re Interest of M.P. , 472 So.2d 732 , 733 (Fla. 1985) (denying review on the ground that the asserted conflict case "arose prior to the effective date" of the controlling statute in the case on review and therefore was "clearly distinguishable").
cited Cited "see" DEPT. OF HEALTH & REHAB. SERV. v. Kahn
Fla. Dist. Ct. App. · 1994 · signal: see · confidence high
See In Interest of M.P., 453 So.2d 85 (Fla. 5th DCA 1984), rev. denied, 472 So.2d 732 (Fla. 1985).
cited Cited "see" Department of Health & Rehabilitative Services v. Kahn
Fla. Dist. Ct. App. · 1994 · signal: see · confidence high
See In Interest of M.P., 453 So.2d 85 (Fla. 5th DCA 1984), rev. denied, 472 So.2d 732 (Fla.1985).
discussed Cited "see" Marion County v. Johnson
Fla. Dist. Ct. App. · 1991 · signal: see · confidence high
The case was also unusual in that the court, concerned about the continued custody of the child after she was found, assigned Johnson the additional duty of custodian of the child while the lawsuit was pending even though HRS has the primary duty to provide protective services to children in need of protection. § 415.509(1)(a)4, Fla. Stat.; see In Interest of M.P., 453 So.2d 85 (Fla. 5th DCA 1984), rev. denied, 472 So.2d 732 (Fla. 1985), which construed subsections 827.07(11) and 827.07(16), Florida Statutes (1981), now sections 415.508 and 415.509.
discussed Cited "see" Dept. of Health & Rehab. Serv. v. Af
Fla. Dist. Ct. App. · 1988 · signal: see · confidence high
See In the Interest of M.P., 453 So.2d 85 (Fla. 5th DCA 1984), review denied, 472 So.2d 732 (Fla. 1985); relying on In the Interest of R.W., 409 So.2d 1069 (Fla. 2d DCA 1981), review denied, 418 So.2d 1279 (Fla. 1982) (also awarding costs to a guardian ad litem under Chapter 827).
discussed Cited "see, e.g." Ago
Fla. Att'y Gen. · 1998 · signal: compare · confidence low
Compare , In the Interest of M.P., 453 So.2d 85 (Fla. 5th DCA 1984), review denied, 472 So.2d 732 (Fla. 1985) (while county responsible for attorney's fees when counsel is constitutionally required, when counsel for the child in dependency proceedings is not constitutionally required, but may be appropriate under certain circumstances, state may be responsible).
discussed Cited "see, e.g." Palm Beach County Ex Rel. Adoption of Tgl
Fla. Dist. Ct. App. · 1992 · signal: see also · confidence low
See Department of Health and Rehabilitative Servs. v. A.H., 459 So.2d 417 (Fla. 1st DCA 1984) (responsibility of reimbursement of appointed guardians ad litem, where parents are found financially unable to do so, is placed upon Department of Health and Rehabilitative Services); See also In Interest of M.P., 453 So.2d 85 (Fla. 5th DCA 1984), rev. denied, 472 So.2d 732 (Fla. 1985); and Marion Co. v. Johnson , cited above.
In re the Interest of M.P., a Child. STATE of Florida, DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES, Petitioner,
v.
LAKE COUNTY, etc., et. al., Respondents.
65596.
Supreme Court of Florida.
Jul 3, 1985.
472 So. 2d 732
Ehrlich.
Cited by 16 opinions  |  Published

[*733] James A. Sawyer, Jr., Gainesville, for petitioner.

Mary M. McDaniel of Ford, Minkoff & McDaniel, and Stephen G. Birr, Tavares, for respondents.

Robert A. Ginsburg, Dade Co. Atty. and Eric K. Gressman, Asst. Co. Atty., Miami, for Metropolitan Dade County, amicus curiae.

EHRLICH, Justice.

This cause is before the Court because of apparent conflict between the decision of the district court below, In re the Interest of M.P., 453 So.2d 85 (Fla. 5th DCA 1984), and our decision in In the Interest of D.B., 385 So.2d 83 (Fla. 1980). We accepted jurisdiction pursuant to article V, section 3(b)(3), Florida Constitution.

The instant case grows out of dependency proceedings wherein the trial court appointed an attorney as guardian ad litem pursuant to section 827.07(16), Florida Statutes (1981) to represent the interest of two minor children whose permanent removal from their parents was being sought by the State of Florida, Department of Health and Rehabilitation Services. The trial court assessed a fee against HRS for the lawyer's services and costs expended and that assessment was upheld by the district court.

In the Interest of D.B. arose prior to the effective date of section 827.07(16), Florida Statutes (1981). In pertinent part, that case involved orders of the circuit court directing the state to pay attorney's fees to counsel acting as guardian ad litem for the children involved therein. This Court concluded that there was no constitutional right to counsel for the subject children in a juvenile dependency proceeding and that under such circumstances the judge should use all available legal aid services. When these services are unavailable, he should request private counsel to provide the necessary services, which services are part of the lawyer's historical professional responsibility to represent the poor. The Court in its opinion made passing reference to section 827.07(16), but that statute was not involved and played no part in the Court's decision.

Because we find the issue in this case clearly distinguishable from the issues decided in In the Interest of D.B., we deny review.

It is so ordered.

BOYD, C.J., and ADKINS, OVERTON, ALDERMAN, McDONALD and SHAW, JJ., concur.