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DEPARTMENT OF CHILDREN AND FAMILIES v. S.E.

No. 4D08-993.

12 So.3d 902 (2009)

DEPARTMENT OF CHILDREN AND FAMILIES, Appellant, v. S.E., the Mother, Appellee.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied August 7, 2009.

Attorney(s) appearing for the Case

Bill McCollum, Attorney General, Tallahassee, and Charles M. Fahlbusch, Senior Assistant Attorney General, Fort Lauderdale, for appellant.

Michael A. Hymowitz of Braverman & Hymowitz, Fort Lauderdale, for appellee.

PER CURIAM.

The Department of Children and Families (DCF) appeals the trial court's award of fees in favor of S.E., the mother, pursuant to section 57.105, Florida Statutes (2006), following the involuntary dismissal of a dependency action. We reverse the award of fees in its entirety, finding that DCF's verified petition for dependency was always supported by the material facts necessary to establish a claim for dependency. As to the award of costs under section...

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