From Casetext: Smarter Legal Research

D.J.S. v. Volusia Sheriff's Office

District Court of Appeal of Florida, Fifth District.
Aug 5, 2022
343 So. 3d 684 (Fla. Dist. Ct. App. 2022)

Opinion

Case No. 5D22-74

08-05-2022

D.J.S., Appellant, v. VOLUSIA SHERIFF'S OFFICE, Appellee.

Michael H. Lambert, and Bryan G. Lambert, of Lambert Law, Daytona Beach, for Appellant. Thomas G. Portuallo, Assistant County Attorney, Deland, for Appellee.


Michael H. Lambert, and Bryan G. Lambert, of Lambert Law, Daytona Beach, for Appellant.

Thomas G. Portuallo, Assistant County Attorney, Deland, for Appellee.

PER CURIAM.

We affirm the risk protection order entered below except as to that portion of the order requiring Appellant to submit to a chemical dependency evaluation. The record does not support a basis to order such evaluation. See § 790.401(3)(f), Fla. Stat. (2021) ("During the hearing, the court must consider whether a mental health evaluation or chemical dependency evaluation is appropriate and, if such determination is made, may order such evaluations, if appropriate ." (emphasis added)). AFFIRMED, in part; REVERSED, in part; and REMANDED.

LAMBERT, C.J., EVANDER and HARRIS, JJ., concur.


Summaries of

D.J.S. v. Volusia Sheriff's Office

District Court of Appeal of Florida, Fifth District.
Aug 5, 2022
343 So. 3d 684 (Fla. Dist. Ct. App. 2022)
Case details for

D.J.S. v. Volusia Sheriff's Office

Case Details

Full title:D.J.S., Appellant, v. VOLUSIA SHERIFF'S OFFICE, Appellee.

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

Date published: Aug 5, 2022

Citations

343 So. 3d 684 (Fla. Dist. Ct. App. 2022)