Department of Corrections v. State

Full title: DEPARTMENT OF CORRECTIONS, Petitioner, v. STATE of Florida, John Doe…

Court: District Court of Appeal of Florida, First District

Date published: May 25, 2006

929 So. 2d 717 (Fla. Dist. Ct. App. 2006)

Opinion

No. 1D05-5318.

May 25, 2006.

Petition for Writ of Certiorari — Original Jurisdiction.

Richard Joseph Saliba, Assistant General Counsel, Department of Corrections, Tallahassee, for Petitioner.

Charlie Crist, Attorney General, and Albert H. Grinsted, III, Tallahassee, for Respondent.

PER CURIAM.

The challenged "notice of hearing" subpoena appears to be a veiled attempt to use the contempt power of the trial court to compel the Department of Corrections to assign probation officers to the court, rather than requesting them on a case-by-case basis. As such, it is a nullity. The petition for writ of certiorari is therefore GRANTED and the subpoena is QUASHED.

BARFIELD, ALLEN, and BROWNING, JJ., concur.