Dep't of Children & Families v. State Attorney

Full title: DEPARTMENT OF CHILDREN AND FAMILIES, Appellant, v. STATE ATTORNEY, FOURTH…

Court: District Court of Appeal of Florida, First District.

Date published: Jul 27, 2022

343 So. 3d 190 (Fla. Dist. Ct. App. 2022)

Opinion

No. 1D21-2816

07-27-2022

DEPARTMENT OF CHILDREN AND FAMILIES, Appellant, v. STATE ATTORNEY, FOURTH JUDICIAL CIRCUIT; and Mitchell Spicer, Appellees.

Andrew J. McGinley, Acting General Counsel, Department of Children and Families, Tallahassee, for Appellant. Charlie Cofer, Public Defender, and Elizabeth Hogan Webb, Assistant Public Defender, Jacksonville, for Appellee Mitchell Spicer. Ashley Moody, Attorney General, Tallahassee, for Appellee State Attorney, Fourth Judicial Circuit.

PER CURIAM.

Andrew J. McGinley, Acting General Counsel, Department of Children and Families, Tallahassee, for Appellant.

Charlie Cofer, Public Defender, and Elizabeth Hogan Webb, Assistant Public Defender, Jacksonville, for Appellee Mitchell Spicer.

Ashley Moody, Attorney General, Tallahassee, for Appellee State Attorney, Fourth Judicial Circuit.

Per Curiam.

This is a companion case to Department of Children & Families v. State Attorney, Fourth Judicial Circuit , 1D-21-2815 (Fla. 1st DCA 2022), involving an order of contempt against the Department for failing to timely transport a criminal defendant to a mental health treatment facility. We redesignate this case from a petition seeking extraordinary relief to an appeal and conclude that the order fails to satisfy the legal requirements of either civil or indirect criminal contempt, for the reasons set forth in our opinion in Department of Children & Families v. State Attorney, Fourth Judicial Circuit , 1D-21-2815.

Accordingly, we reverse the order of contempt and remand.

Rowe, C.J., and B.L. Thomas and Osterhaus, JJ., concur.