G. B., Z. L., through his guardian K. L., et al. vs Agency For Persons With Disabilities
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IN THE DISTRICT COURT OF APPEAL FIRST DISTRICT, STATE OF FLORIDA G.B., Z.L., through his guardian K.L., J.H., and M.R., NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED Appellants, CASE NOs. 1D13-4903 1D15-1863 v. AGENCY FOR PERSONS WITH DISABILITIES Appellee. CORRECTED PAGES: pg 1 CORRECTION IS UNDERLINED IN RED MAILED: November 20, 2015 BY: NMS _____________________________/ Opinion filed November 19, 2015. An appeal from an order of the Division of Administrative Hearings. Gigi Rollini, Thomas Findley & Thomas Bateman, III of Messer Capparello, P.A., Tallahassee, for Appellants. David A. Yon and Brittany A. Long of the Radey Law Firm, Tallahassee, and Richard D. Tritschler, General Counsel and Brian McGrail, Assistant General Counsel, for Appellee. OPINION AND ORDER ON AMENDED MOTION FOR REVIEW OF ADMINISTRATIVE ORDER ON APPELLATE ATTORNEYS’ FEES PER CURIAM. Following our decision in G.B. v. Agency for Persons with Disabilities, 143 So. 3d 454 (Fla. 1st DCA 2014), Appellants seek review pursuant to rule 9.190(d)(3), Florida Rules of Appellate Procedure, of the administrative final order on attorneys’ fees entered upon remand in case number 1D13-4903. In these consolidated cases, Appellants also appeal in case number 1D15-1863 other portions of that same administrative order. That administrative order awarded $50,000.00 in attorneys’ fees pursuant to section 120.595(2), Florida Statutes, and costs in the amount of $41,000.00 We reject all of Appellants’ arguments and affirm the administrative order, with the exception of the amount of costs awarded. In light of the concession of error by Appellee, we remand this matter to the administrative law judge for entry of a corrected order providing an additional $609.65 to Appellants for costs. No additional evidence or argument is to be entertained by the administrative law judge. AFFIRMED IN PART, REVERSED IN PART, AND REMANDED FOR ENTRY OF CORRECTED ORDER. THOMAS, OSTERHAUS, and BILBREY, JJ., CONCUR. 2
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