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DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES v. SMITH

No. 91-1032.

592 So.2d 1277 (1992)

DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES, Appellant, v. Matthew Walter SMITH, Appellee.

District Court of Appeal of Florida, Fifth District.

February 14, 1992.

Attorney(s) appearing for the Case

Geraldyne H. Carlton of Carlton & Carlton, P.A., Lakeland, for appellant.

Mark J. Hutchison of Hutchison, Mamele & Coover, Sanford, for appellee.

COBB, Judge.

In the instant appeal the trial court awarded the appellee attorney's fees in an attempt to sanction HRS for not negotiating in regard to a petition for modification of child support. The appellee recognizes that this was no basis for the award and argues instead that authority for the award is found within Chapter 61, Florida Statutes (1989). This rationale must fail, however, based on Stockman v. Downs, 573 So.2d 835

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