Department of Children and Families v. JFC
Florida District Courts of Appeal
Department of Children and Families v. JFC, 901 So. 2d 417 (2005)
2005 Fla. App. LEXIS 7540; 2005 WL 1185280
Per Curiam
Department of Children and Families v. JFC
Opinion
DEPARTMENT OF CHILDREN AND FAMILIES, Petitioner,
v.
J.F.C., a Child, Respondent.
District Court of Appeal of Florida, Fifth District.
Ralph J. McMurphy of Department of Children and Families, Wildwood, for Petitioner.
No appearance for Respondent.
PER CURIAM.
The Department of Children and Families, ("DCF"), petitions for certiorari relief to quash an order finding a juvenile incompetent to proceed in a delinquency proceeding and committing the juvenile to DCF.
DCF challenges the commitment order because it was entered without prior notice being given to it. All parties to the proceeding agree that failure to give notice was error.
Accordingly, we grant the petition, issue the writ, quash the order of commitment and remand for further proceedings consistent with section 985.223, Florida Statutes (2005).
PETITION GRANTED; REMANDED.
SHARP, W., PETERSON and TORPY, JJ., concur.
Reference
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