Hillsborough County v. Marchese, 87-1923
| Decision Date | 05 February 1988 |
| Docket Number | No. 87-1923,87-1923 |
| Citation | 13 Fla. L. Weekly 362,519 So.2d 728 |
| Parties | 13 Fla. L. Weekly 362 HILLSBOROUGH COUNTY, Petitioner, v. Anthony B. MARCHESE, Respondent. |
| Court | Florida District Court of Appeals |
Carol Lee Hinds, Asst. Co. Atty., Tampa, for petitioner.
Anthony B. Marchese, Tampa, pro se.
Hillsborough County appeals the circuit court's order awarding $16,500 in attorney's fees to Anthony Marchese for his court appointed legal services provided in a criminal case. The proper procedure for challenging an order awarding attorney's fees to court appointed counsel is by petition for certiorari, not appeal. Schommer v. Bentley, 489 So.2d 40 (Fla. 2d DCA 1986). Therefore, we treat this appeal as a petition for certiorari. We grant the petition.
Following an order granting the public defender's motion to withdraw and appoint private counsel, the trial court appointed Marchese to represent Curtis Von Woodard on the charge of first degree murder. At the conclusion of his representation, Marchese filed a motion based on Makemson v Martin County, 491 So.2d 1109 (Fla.1986) cert. denied, 479 U.S. 1043, 107 S.Ct. 908, 93 L.Ed.2d 857 (1987), requesting attorney's fees in excess of the $3,500 amount set by section 925.036, Florida Statutes, for the defense of one charged with a capital crime. In Makemson, the supreme court held that trial courts could depart from section 925.036, Florida Statutes, in extraordinary and unusual cases, when necessary to ensure that counsel is compensated in an amount which is not confiscatory of his or her time, energy and talents. Makemson, 491 So.2d at 1115.
Marchese's motion reflected that he rendered 200.85 hours of professional service to the defendant. At the hearing on the motion, Marchese presented expert testimony that the fair market value of his service was $20,000 to $25,000, and that a reasonable fee would be $15,000 to $16,000. The trial court found that the case involved extraordinary circumstances due to difficulties presented by the client, who was uncooperative and hostile to Marchese. Additionally, because the defendant would not agree to a continuance of the already scheduled trial, Marchese prepared and tried the case two weeks after his appointment. This caused him to virtually abandon his law practice during those weeks. The court found that Marchese provided "extremely effective" representation. After finding that the case was extraordinary and unusual, the trial judge awarded Marchese fees totaling $16,500.
On May 28, 1985, the chief...
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Monroe County v. Garcia, 96-2787
...the case involves "extraordinary circumstances and unusual representation." Makemson, 491 So.2d at 1110. E.g., Hillsborough County v. Marchese, 519 So.2d 728 (Fla. 2d DCA), cause dismissed, 526 So.2d 75 (Fla.1988). In revisiting the fee award, the trial court shall comply with the supreme c......
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...courts have considered as petitions for writs of certiorari, erroneously titled notices of appeal. See, e.g., Hillsborough County v. Marchese, 519 So.2d 728 (Fla. 2d DCA 1988), cause dismissed, 526 So.2d 75 (Fla.1988); Nunez v. Gonzalez, 456 So.2d 1336, 1339 (Fla. 2d DCA 1984); Sunshine Dod......
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Zelman v. Metropolitan Dade County, 91-868
...representation of a defendant in a capital case. We treat the appeal as a petition for writ of certiorari, see Hillsborough County v. Marchese, 519 So.2d 728 (Fla. 2d DCA), cause dismissed, 526 So.2d 75 (Fla.1988), and grant the petition. Zelman was appointed to serve as appellate counsel i......