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N.S. v. DEPARTMENT OF CHILDREN AND FAMILIES

No. 5D13-14.

119 So.3d 558 (2013)

N.S., Mother of J.S., a Child, Appellant, v. DEPARTMENT of CHILDREN and FAMILIES, Appellee.

District Court of Appeal of Florida, Fifth District.

August 26, 2013.

Attorney(s) appearing for the Case

Diana M. Tennis of Law Office of Diana M. Tennis, P.A., Orlando, for Appellant.

Pamela Jo Bondi , Attorney General, and James A. Peters , Special Counsel, Office of the Attorney General, Tallahassee, for Appellee.

WALLIS, J.

N.S., mother of J.S., a child, appeals the lower court's denial of N.S.'s motion for attorney's fees as sanctions, pursuant to section 57.105, Florida Statutes (2012), against the Department of Children and Families ("DCF"). The lower court held that section 284.30, Florida Statutes (2012), required N.S. to provide notice to the Department of Financial Services ("DFS") as a condition precedent to recover attorney's fees. For the reasons that follow, we...

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