State v. C.S

Full title: STATE OF FLORIDA, PETITIONER, v. C.S., A CHILD, RESPONDENT

Court: Supreme Court of Florida

Date published: Jan 5, 1995

647 So. 2d 844 (Fla. 1995)

Opinion

No. 83939.

January 5, 1995.

Application for Review of the Decision of the District Court of Appeal — Certified Direct Conflict of Decisions, Second District — No. 91-03692 (Polk County).

Robert A. Butterworth, Atty. Gen., Robert J. Krauss, Sr. Asst. Atty. Gen., and Ron Napolitano, Asst. Atty. Gen., Tampa, for petitioner.

Stephen M. Martin, Stephen M. Martin, P.A., Lakeland, for respondent.

PER CURIAM.

We have for review C.S. v. State, 638 So.2d 212 (Fla. 2d DCA 1994), based on certified conflict with B.H. v. State, 622 So.2d 615 (Fla. 5th DCA 1993), aff'd in part, 645 So.2d 987 (Fla. 1994). We have jurisdiction, art. V, § 3(b)(4), Fla. Const., quash the decision below, and remand for reconsideration in light of B.H.

It is so ordered.

GRIMES, C.J., OVERTON and WELLS, JJ., and McDONALD, Senior Justice, concur.

HARDING, J., concurs in part and dissents in part with an opinion.

KOGAN, J., dissents with an opinion, in which SHAW, J., concurs.

HARDING, Judge, concurring in part and dissenting in part.

I concur in part and dissent in part for the reasons stated in my separate opinion to B.H. v. State, 645 So.2d 987 (Fla. 1994) (Harding, J., concurring in part, dissenting in part).

KOGAN, Judge, dissenting.

I dissent for the reasons stated in my separate opinion in B.H. v. State, 645 So.2d 987 (Fla. 1994) (Kogan, J., concurring in part, dissenting in part).

SHAW, J., concurs.