T.T. v. DCF

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IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT JULY TERM 2006 T.T. MOTHER AND A.M., FATHER OF A.M. AND T.M. CHILDREN, Appellant, v. Case Nos. 5D06-56 and 5D06-59 DEPARTMENT OF CHILDREN AND FAMILIES, Appellee. ________________________________/ Opinion filed December 26, 2006 Appeal from the Circuit Court for Marion County, S. Sue Robbins, Judge. Diana K. Simpson of Diana Kilpatrick Simpson, P.A., Ocala, for Appellant. Ralph J. McMurphy, of Department Children and Families, Wildwood, for Appellee. Patricia M. Propheter, Orlando, for Guardian ad Litem. ON MOTION FOR ATTORNEY S FEES PER CURIAM. In these two parental rights termination cases, the Department of Children and Families (DCF) has filed motions seeking awards of appellate attorney s fees, citing to section 57.105 of the Florida Statutes (2005) to support such awards. DCF contends that the obligation to pay such fees should be imposed against the parents and their attorneys in these cases due to the filing of frivolous notices of appeal. Determining that DCF has failed to meet the standard of proof set forth in section 57.105 to justify an award of attorney s fees, we deny the motion. PALMER and MONACO, JJ., concur. SAWAYA, dissents with opinion. Case Nos. 5D06-56 & 5D06-59 SAWAYA, J., dissenting. Given the very limited discussion the majority chose to include in its very brief opinion, no reply is warranted other than for me to say that I disagree and, therefore, respectfully dissent.

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