Dept., Children Families v. J.G

Full title: DEPARTMENT OF CHILDREN AND FAMILIES, Petitioner, v. J.G., A CHILD…

Court: District Court of Appeal of Florida, Fifth District

Date published: Feb 13, 2004

864 So. 2d 1291 (Fla. Dist. Ct. App. 2004)

Opinion

Case No. 5D03-4197.

Opinion filed February 13, 2004.

Petition for Certiorari Review of Order from the Circuit Court for Brevard County, Meryl I. Allawas, Judge.

Charles D. Peters, Esq., Orlando, for Petitioner.

No Appearance for Respondent.

PER CURIAM.

We grant the petition for writ of certiorari filed by the Department of Children and Family Services and quash the order awarding custody of respondent, J.G., a child, to the Department, as the order was entered without notice to the Department, which was not a party to the proceeding, and without giving the Department an opportunity to be heard. However, as the child is now in shelter custody, we acknowledge that the issue may be moot.

GRANT PETITION AND QUASH ORDER.

SAWAYA, C.J., ORFINGER and PETERSON, J.J. concur.