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Dep't of Children & Families v. State Attorney, Fourth Judicial Circuit

Florida Court of Appeals, First District
Jul 27, 2022
No. 1D21-3189 (Fla. Dist. Ct. App. Jul. 27, 2022)

Opinion

1D21-3189

07-27-2022

Department of Children and Families, Appellant, v. State Attorney, Fourth Judicial Circuit; and Cavan Martin McDaniel, 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 Cavan Martin McDaniel. Ashley Moody, Attorney General, Tallahassee, for Appellee State Attorney, Fourth Judicial Circuit.


Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331.

On appeal from the Circuit Court for Duval County. Gilbert L. Feltel, Jr., Judge.

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 Cavan Martin McDaniel.

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, 1D21-2815 (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 same basic reasons set forth 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.


Summaries of

Dep't of Children & Families v. State Attorney, Fourth Judicial Circuit

Florida Court of Appeals, First District
Jul 27, 2022
No. 1D21-3189 (Fla. Dist. Ct. App. Jul. 27, 2022)
Case details for

Dep't of Children & Families v. State Attorney, Fourth Judicial Circuit

Case Details

Full title:Department of Children and Families, Appellant, v. State Attorney, Fourth…

Court:Florida Court of Appeals, First District

Date published: Jul 27, 2022

Citations

No. 1D21-3189 (Fla. Dist. Ct. App. Jul. 27, 2022)