F.P. v. State
F.P. v. State
Opinion of the Court
F.P. petitions this court for issuance of a writ of habeas corpus releasing him from the custody of the Orange County Juvenile Detention Center following the trial court’s order finding him to be in indirect contempt of court and directing that he be detained for ten days. Because the trial court failed to follow the mandatory procedures for indirect contempt set forth in Florida Rule of Juvenile Procedure 8.150 and section 985.037, Florida Statutes (2017), we grant the writ and quash the order of contempt.
We recognize that F.P.’s ten-day detention has expired and that he was released, technically rendering the petition moot. However, there are several petitions pending in our court which similarly allege that
“[A] prosecution for indirect criminal contempt is to follow the procedural due process set forth in [Florida Rule of Juvenile Procedure] 8.150 and section 985.037.” KM. v. State, 962 So.2d 969, 970 (Fla. 4th DCA 2007); see also G.C. v. State, 901 So.2d 1021, 1021 (Fla. 4th DCA 2005). Here, the trial court did not follow these procedures, resulting in a failure to provide F.P. with due process. Accordingly, we determine that F.P. was entitled to immediate release from custody. The order of detention is quashed.
PETITION GRANTED
Case-law data current through December 31, 2025. Source: CourtListener bulk data.