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C.W. v. Currie

District Court of Appeal of Florida, First District
Jul 31, 2007
962 So. 2d 976 (Fla. Dist. Ct. App. 2007)

Opinion

No. 1D07-2629.

July 31, 2007.

Petition for Writ of Habeas Corpus — Original Jurisdiction.

James S. Purdy, Public Defender, Seventh Judicial Circuit, and Joseph A. Palmer, Assistant Public Defender, DeLand, for Petitioners.

Bill McCollum, Attorney General, and Joshua R. Heller and Bryan Jordan, Assistant Attorneys General, Tallahassee, for Respondents.


C.W., a child, petitions this court for a writ of habeas corpus, contending that the Circuit Court for Volusia County lacked jurisdiction to commit him to the custody of the Department of Juvenile Justice. However, petitioner did not timely appeal the commitment order and we therefore find that the petition is procedurally barred. Powell v. Fla. Dep't of Corr., 741 So.2d 1201 (Fla. 1st DCA 1999). We find petitioner's reliance on Alachua Regional Juvenile Detention Center v. T.O., 684 So.2d 814 (Fla. 1996) and Murray v. Regier, 872 So.2d 217 (Fla. 2002) to be misplaced because neither of those petitioners was detained pursuant to a lower tribunal order reviewable by appeal. Concluding that this court lacks jurisdiction, the instant petition is hereby dismissed.

PETITION DISMISSED.

BARFIELD, ALLEN, and HAWKES, JJ., concur.


Summaries of

C.W. v. Currie

District Court of Appeal of Florida, First District
Jul 31, 2007
962 So. 2d 976 (Fla. Dist. Ct. App. 2007)
Case details for

C.W. v. Currie

Case Details

Full title:C.W., a child, and James Purdy, Public Defender, Seventh Judicial Circuit…

Court:District Court of Appeal of Florida, First District

Date published: Jul 31, 2007

Citations

962 So. 2d 976 (Fla. Dist. Ct. App. 2007)