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T.T. v. Thomas

District Court of Appeal of Florida, First District
Aug 3, 1983
435 So. 2d 949 (Fla. Dist. Ct. App. 1983)

Opinion

No. AP-99.

August 3, 1983.

Appeal from Circuit Court, Alachua County; R.A. Green, Jr., Judge.

John Fischer and Martha Ann Lott, Asst. Public Defenders, Gainesville, for appellant.

Jim Smith, Atty. Gen., and David P. Gauldin, Asst. Atty. Gen., Tallahassee, for appellee.


This cause is before us on appeal from a order denying appellant's petition for writ of habeas corpus. We agree that the trial court failed to follow the Florida Rules of Juvenile Procedure and that this failure resulted in appellant's liberty being restrained without a formal charge, hearing, or adjudication of contempt, and without a showing of exigent circumstances which would excuse the lack of notice and hearing prior to her detention. We therefore reverse the trial court's denial of appellant's petition for habeas corpus and remand for proceedings consistent with the Florida Rules of Juvenile Procedure.

BOOTH, WENTWORTH and THOMPSON, JJ., concur.


Summaries of

T.T. v. Thomas

District Court of Appeal of Florida, First District
Aug 3, 1983
435 So. 2d 949 (Fla. Dist. Ct. App. 1983)
Case details for

T.T. v. Thomas

Case Details

Full title:T.T., A CHILD, APPELLANT, v. LARONE THOMAS, SUPERINTENDENT, NORTH FLORIDA…

Court:District Court of Appeal of Florida, First District

Date published: Aug 3, 1983

Citations

435 So. 2d 949 (Fla. Dist. Ct. App. 1983)