IN THE INTEREST OF D. S. K., A CHILD, AND R. R. K., A CHILD, APPELLANTS,
v.
STATE OF FLORIDA, APPELLEE
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Appeals in juvenile delinquency cases are treated as criminal appeals for timeliness, and the notice of appeal was untimely for the adjudication and commitment orders.
[1] Appeals in juvenile delinquency cases are governed by the time and manner prescribed by the Florida Appellate Rules.
[2] An appeal from orders adjudicating delinquency and committing a juvenile to custody must be taken within thirty days from the rendition of those orders.
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Join FLexlaw to unlock all legal intelligenceJuvenile appellants were adjudicated delinquent and committed, with restitution ordered as a condition of aftercare. They filed a notice of appeal lat…
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COWART, Judge.
The juvenile appellants were adjudicated delinquent and committed to the custody of the Department of Health and Rehabilitative Services by orders rendered July 28, 1980. Included in each of these orders was a requirement that the appellants pay restitution as a condition of aftercare. The amount of restitution was set by a series of orders rendered on September 2,1980. The appellants filed their notice of appeal on September 26, 1980.
Section 39.14(1), Florida Statutes (1979), provides that appeals in delinquency cases are to be taken “within the time and in the manner prescribed by the Florida Appellate Rules.” However, neither the statute nor the rules specify whether these appeals are to be considered as civil or criminal appeals, the procedures for which differ in several respects. The Fourth District solved this problem under the 1962 rules by holding that a juvenile appeal would be considered a criminal appeal in determining the requirements for the preparation of the record on appeal. In re D. J., 330 So. 2d 34 (Fla. 4th DCA 1975). We believe that the nature of juvenile delinquency proceedings requires a similar treatment under the present version of the appellate rules.
The orders adjudicating delinquency and committing appellants into custody are analogous to judgments of conviction and sentences, and therefore an appeal from these orders should have been taken within thirty days from their rendition. Since the appellants’ appeals were not taken within this period, they may not challenge these orders, including the provision that they were required to make restitution in an undetermined amount.
The notice of appeal was sufficient to bring only the order setting the amount of restitution to this court for review. The appellants’ arguments in their brief, however, are exclusively directed to the court’s power to impose restitution in any amount. Since the issues argued cannot be raised on this appeal, the State’s motion to dismiss is granted and this appeal is
DISMISSED.
ORFINGER and COBB, JJ., concur.
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State v. C.C., 449 So. 2d 280 (Fla. 3d DCA 1983)…o. 2d 535 (Fla. 1st DCA 1976); 3 Fla.Jur.2d Appellate Review § 467 (1978). . Note 3, supra. . Since they hold merely that otherwise authorized juvenile appeals are governed by criminal rather than civil appellate procedural rules, D.S.K. v. State, 396 So. 2d 730 (Fla. 5th DCA 1981) and In the Interest of D.J., 330 So. 2d 34 (Fla. 4th DCA 1975) are not to the contrary. . I recognize that the same observation may well apply to our review by certiorari, as in State v. Steinbrecher, 409 So. 2d 510 (Fla. 3d DCA…
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State v. J.P.W., 433 So. 2d 616 (Fla. 4th DCA 1983)…eview. If the appeal is deemed to be civil in nature then either party is entitled to appeal. Conversely if the nature of juvenile delinquency proceedings is such as to require appeals therefrom to be considered as criminal appeals (D.S.K. v. State, 396 So. 2d 730 (Fla. 5th DCA 1981)), then the state would be permitted to appeal pursuant to Rule 9.140(c)(1)(E), Florida Rules of Appellate Procedure. Where an appeal is permis [*620] sible in either the civil or criminal context, it would be an anomaly to permit…
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In the Interest of C.L.S. v. State, 586 So. 2d 1173 (Fla. 1st DCA 1991)…nile proceeding, thus effectively precluding the state from taking plenary or interlocutory appeals in juvenile cases.8 Some cases decided before C. C. suggested that juvenile appeals would be treated as criminal appeals. See e.g., D.S.K. v. State, 396 So. 2d 730 (Fla. 5th DCA 1981); In re D.J., 330 So. 2d 34 (Fla. 4th DCA 1975). Similarly, R.J.B. v. State, 394 So. 2d 126 (Fla. 5th DCA 1980), approved, 408 So. 2d 1048 (Fla.1982), analyzed whether a waiver order certifying a juvenile for trial as an adult was…
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- In the Interest of D. J., 330 So. 2d 34 (Fla. 4th DCA 1975)