Florida District Courts of Appeal, 2006

Department of Corrections v. State

Department of Corrections v. State
Florida District Courts of Appeal · Decided May 25, 2006 · Allen, Barfield, Browning
929 So. 2d 717; 2006 Fla. App. LEXIS 8231; 2006 WL 1419494 (Southern Reporter, Second Series)

Department of Corrections v. State

Opinion of the Court

PER CURIAM.

The challenged “notice of hearing” subpoena appears to be a veiled attempt to use the contempt power of the trial court to compel the Department of Corrections to assign probation officers to the court, rather than requesting them on a case-by-case basis. As such, it is a nullity. The petition for writ of certiorari is therefore GRANTED and the subpoena is QUASHED.

BARFIELD, ALLEN, and BROWNING, JJ., concur.

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