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St. Dept., H R Serv. v. E.D.S. Fed

622 So. 2d 90 (Fla. Dist. Ct. App. 1993)
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St. Dept., H R Serv. v. E.D.S. Fed

3 Citing cases

  1. Mitchell v. State

    911 So. 2d 1211 (Fla. 2005)   Cited 19 times
    In Mitchell v. State, 911 So.2d 1211 (Fla. 2005), we reiterated a concern we expressed in Goode that while "the Legislature intended that `the review process of potential sexual predators would be concluded while the person was still in prison'.

    See Philip J. Padovano, Florida Appellate Practice § 12.5 at 184 (2003 ed.). Although, the automatic stay provision has been held inapplicable to discretionary review proceedings, see, e.g., State, Department of Health and Rehabilitative Services v. E.D.S. Federal Corporation, 622 So.2d 90 (Fla. 1st DCA 1993) and City of Miami v. Arostegui, 616 So.2d 1117 (Fla. 1st DCA 1993), in the instant case, the State has the right to appeal the final order of dismissal. Accordingly, because the commitment of sexually violent predators has been held to be civil in nature and because rule 9.310(b)(2) applies to civil cases, we conclude that rule 9.310(b)(2) is applicable to this appeal.

  2. Fla. Dep't of Children & Families v. JF

    158 So. 3d 589 (Fla. Dist. Ct. App. 2014)

    Following review of the emergency petition for writ of prohibition, it is ordered that said petition is hereby denied. See State of Florida, Department of Health and Rehabilitative Services v. E.D.S. Federal Corporation, 622 So.2d 90 (Fla. 1st DCA 1993). SUAREZ and LOGUE, JJ., concur.ROTHENBERG, J., would grant a temporary stay and order a response to the petition.

  3. State v. Mitchell

    848 So. 2d 1209 (Fla. Dist. Ct. App. 2003)   Cited 5 times

    See Philip J. Padovano, Florida Appellate Practice § 12.5 at 184 (2003 ed.). Although, the automatic stay provision has been held inapplicable to discretionary review proceedings, see, e.g.,State, Department of Health and Rehabilitative Services v. E.D.S. Federal Corporation, 622 So.2d 90 (Fla. 1st DCA 1993) and City of Miami v. Arostegui, 616 So.2d 1117 (Fla. 1st DCA 1993), in the instant case, the State has the right to appeal the final order of dismissal. Accordingly, because the commitment of sexually violent predators has been held to be civil in nature and because rule 9.310(b)(2) applies to civil cases, we conclude that rule 9.310(b)(2) is applicable to this appeal.