Florida District Courts of Appeal, 1978

Interest of D. K. W. v. State

Interest of D. K. W. v. State
Florida District Courts of Appeal · Decided February 15, 1978 · Boardman, Grimes, Ott
354 So. 2d 1274; 1978 Fla. App. LEXIS 14965 (Southern Reporter, Second Series)

Interest of D. K. W. v. State

Opinion of the Court

PER CURIAM.

This is an appeal from an order of delinquency based upon a finding of ungoverna-bility for the second time. The petition upon which the proceedings were based was not signed by a state attorney as required by Section 39.05(1), Florida Statutes (1975). Moreover, the petition failed to allege that D. K. W. had previously been adjudicated as an ungovernable child and that the proceedings could result in an adjudication of delinquency. Therefore, upon the authority of D. T. H. v. State, 348 So.2d 1155 (Fla. 1977), the order is reversed and the cause is remanded for further proceedings consistent with the rationale of that case.

BOARDMAN, C. J., and GRIMES and OTT, JJ., concur.

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