STATE OF FLORIDA, PETITIONER,
v.
G. A., A CHILD, RESPONDENT

Fla. | 1982-07-22
No. 60134
ALDERMAN, C. J., and BOYD and Mc-DONALD, JJ., concur,, SUNDBERG, J., dissents.
417 So. 2d 980 Florida Supreme Court (1982) Positive Treatment
Cited by 6 cases


Opinion of the Court
OVERTON, Justice.

OVERTON, Justice.

This is a petition to review that portion of the First District Court of Appeal’s decision in G. A. v. State, 891 So. 2d 720 (Fla. 1st DCA 1980), which was certified to us as being in conflict with R. J. B. v. State, 394 So. 2d 126 (Fla. 5th DCA 1980). The sole issue certified is whether the district court had jurisdiction to entertain an interlocutory appeal from an order entered by the juvenile division of the circuit court waiving juvenile jurisdiction and certifying the juvenile for trial as an adult. The court below held that it had such jurisdiction. For the reasons expressed in our decision in R. J. B. v. State, 408 So. 2d 1048 (Fla.1982), we disagree and hold that the district courts of appeal are without jurisdiction to review this type of order by interlocutory appeal.

We quash the decision of the district court in the instant case and remand for further proceedings consistent with this opinion.

It is so ordered.

ALDERMAN, C. J., and BOYD and Mc-DONALD, JJ., concur,

SUNDBERG, J., dissents.


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  • D.C.W. v. State, 445 So. 2d 333 (Fla. 1984)
    …secuted as an adult, citing Parr v. State, 415 So. 2d 1353 (Fla. 4th DCA), rev. denied, 424 So. 2d 763 (Fla.1982); J.M.Z. v. State, 408 So. 2d 1063 (Fla. 1st DCA 1982); and G.A. v. State, 391 So. 2d 720 (Fla. 1st DCA 1980), quashed on other grounds, 417 So. 2d 980 (Fla.1982). Finally, petitioner asserts that only a valid and proper juvenile delinquency petition will supply the required filing and stop the running of the time period provided in section 39.05(6). He relies on In the Interest of S.E.B., 365 So.…
  • In the Interest of D.W., 616 So. 2d 620 (Fla. 4th DCA 1993)
    …to section 39.-069(l)(a), Florida Statutes, we conclude the order he appeals is a nonappealable order. An order waiving juvenile jurisdiction and certifying the juvenile for trial as an adult is not reviewable by interlocutory appeal. State v. G.A., 417 So. 2d 980 (Fla.1982). It is not a final order from which an appeal will lie. R.J.B. v. State, 408 So. 2d 1048 (Fla.1982). It does not come under any of the appeals permitted under Florida Rule of Appellate Procedure 9.140(b)(l)(A)-(E). Although the order may…
  • R.C. v. State, 461 So. 2d 215 (Fla. 1st DCA 1984)
    …t, R.C. was at all times in the custody of his mother; he voluntarily met with deputy McDonald, and there was no indication that he could not have voluntarily left. But cf. G.A. v. State, 391 So. 2d 720 (Fla. 1st DCA 1980), quashed on other grounds, 417 So. 2d 980 (Fla.1982). Consequently, the trial court did not err in denying the motion to dismiss. AFFIRMED. JOANOS and NIMMONS, JJ., concur. . Section 39.05(6) provides: On motions by or in behalf of a child, a petition alleging delinquency shall be dismi…

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