Opinion
No. 3D10-548.
March 4, 2010.
A Writ of Certiorari to the Circuit Court for Miami-Dade County, Scott M. Bernstein, Judge.
Joseph P. George, Jr., Criminal Conflict and Civil Regional Counsel, and Kevin Coyle Colbert, for petitioner.
Karla Perkins; Hillary S. Kambour, for respondents.
Before CORTIÑAS and SALTER, JJ., and SCHWARTZ, Senior Judge.
CONCESSION OF ERROR
Upon the DCF's appropriate concession of error in the trial court's sua sponte order placing the minor child, R.O., in shelter care without proper notice to the petitioner mother, contrary to both the due process requirements of § 39.402(8)(b)(c) Fla. Stat. (2010) and a specific previous order which denied that relief, the order under review is quashed and the child is ordered returned to the mother's custody forthwith.
Unfortunately, its attorney took the opposite position in the court below.
Certiorari granted.