D.A.E., A CHILD, PETITIONER,
v.
STATE OF FLORIDA, RESPONDENT
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
Florida Supreme Court quashed the district court's appellate review of a juvenile delinquency dismissal, holding that the state has no statutory right of appeal in juvenile cases under Florida law.
The state has no right of appeal in juvenile delinquency cases under chapter 39 of the Florida Statutes.
[1] The state has no statutory right of appeal in juvenile delinquency cases under chapter 39 of the Florida Statutes, and appellate courts lack jurisdiction to review dismis…
Previewing 1 of 1 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“the state's right of appeal in criminal cases is conferred and governed strictly by statute”
Court explaining the principle that state appellate rights derive only from statute
A circuit court dismissed a petition for adjudication of juvenile delinquency. The state appealed to the district court of appeal, which granted revie…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Florida Juvenile Justice Act cases and more on FLexlaw
PER CURIAM.
The juvenile petitioner seeks review of the decision of the district court of appeal on the ground of conflict of decisions. We have jurisdiction because there is conflict. Art. V, § 3(b)(3), Fla.Const. In the decision under review, reported as State v. D.A.E., 456 So. 2d 569 (Fla. 5th DCA 1984), the district court of appeal afforded the state appellate review of an order of the circuit court dismissing a petition for adjudication of juvenile delinquency. In State v. Creighton, 469 So. 2d 735 (Fla.1985), we held that the state’s right of appeal in criminal cases is conferred and governed strictly by statute. This Court also recently held that the state is given no right of appeal in juvenile cases under chapter 39, Florida Statutes (1983), the Florida Juvenile Justice Act. State v. C.C., 476 So. 2d 144 (Fla.1985). Under these recent decisions, it is clear that the state had no right to appeal the circuit court’s order dismissing the delinquency petition in the instant case. Therefore the district court of appeal should not have provided appellate review of the juvenile court’s order of dismissal. It is conceded that petitioner adequately challenged the state’s right to appeal. See D.C.W. v. State, 445 So. 2d 333, 335 n. 3 (Fla.1984).
The decision of the district court of appeal is quashed with directions to dismiss the state’s appeal.
It is so ordered.
ADKINS, OVERTON, McDONALD, EHRLICH and SHAW, JJ., concur. BOYD, C.J., concurs in part and dissents in part with an opinion.
BOYD, Chief Justice,
concurring in part and dissenting in part.
Although I expressed the dissenting view in State v. C.C. that the state could appeal a dismissal of a juvenile delinquency petition under the statutory authority contained in section 924.07(1), Florida Statutes (1981), I agree that the majority opinion in that case settled the matter and that specific statutory authority for appeals by the state in juvenile cases is lacking.
In the present case the juvenile court imposed on the state a time limitation for filing of the juvenile delinquency petition not required or permitted by the applicable statutes and rules. If the district court had been aware that the state had no right of appeal, it might have been inclined to treat the notice of appeal as a petition for certiorari based on the lower court’s departure from the essential requirements of law. Although the petition for certiorari cannot be used to afford unauthorized appellate review, State v. G.P., 476 So. 2d 1272 (Fla. Aug. 30, 1985), I believe that certiorari is available to the state, as it is to any aggrieved party, when the lower court departs from the essential requirements of law. Jones v. State, 477 So. 2d 566 (Fla. October 17, 1985) (Boyd, C.J., concurring). Therefore, while agreeing with the Court’s holding that the state had no right to appeal, I would remand to the district court so that it might consider whether to treat the purported appeal as a petition for certiorari based on common-law precedents defining the concept of departure from the essential requirements of law.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
G.C. v. State, 560 So. 2d 1186 (Fla. 3d DCA 1990)…t answer is that chapter 924 does not apply to juvenile cases. State v. C.C., 476 So. 2d 144, 146 (Fla.1985). Juvenile appeals are governed by the Florida Juvenile Justice Act, chapter 39, Florida Statutes (1989). 476 So. 2d at 146; D.A.E. v. State, 478 So. 2d 815 (Fla.1985); see § 39.14, Fla.Stat. (1989). There is precedent for affirming an adjudication of delinquency in circumstances comparable to those present here. Thus, in B.D. v. State, 412 So. 2d 70 (Fla. 1st DCA 1982), an adjudication of delinquency…
-
In the Interest of K.A.B. v. Hyson, 483 So. 2d 898 (Fla. 5th DCA 1986)…1), Fla.Stat.) but this is not so in dependency cases which can be instituted by any knowledgeable person (§ 39.401(1), Fla.Stat.). The State has no right of appeal in delinquency cases. See E.N. v. State, 484 So. 2d 676 (Fla.1986); D.A.E. v. State, 478 So. 2d 815 (Fla.1985); State v. G.P., 476 So. 2d 1272 (Fla.1985); J.P.W. v. State, 476 So. 2d 148 (Fla.1985); State v. C.C., 476 So. 2d 144 (Fla.1985); State v. D.I., 474 So. 2d 408 (Fla. 4th DCA 1985). See also State v. W.A.M., reported in 7 FLW 186 (Fla. 5th…
-
State v. Jones, 488 So. 2d 527 (Fla. 1986)…e the common law writ of certiorari to review the final judgment assuming the elements of the writ are satisfied? Id. at 1084. We have already answered both questions in the negative. State v. Creighton, 469 So. 2d 735 (Fla.1985); D.A.E. v. State, 478 So. 2d 815 (Fla.1985); State v. C.C., 476 So. 2d 144 (Fla.1985); State v. G.P., 476 So. 2d 1272 (Fla.1985). We decline the state’s invitation to recede from these cases and from our adherence to the general principle that statutes which afford the government t…
Previewing 3 of 6 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- State v. C.C., 476 So. 2d 144 (Fla. 1985)
- Hollis Jones v. State, 477 So. 2d 566 (Fla. 1985)
- State v. Chapman Levi Creighton, 469 So. 2d 735 (Fla. 1985)
- State v. G.P., 476 So. 2d 1272 (Fla. 1985)
- D.C.W. v. State, 445 So. 2d 333 (Fla. 1984)
- State v. D.A.E., 456 So. 2d 569 (Fla. 5th DCA 1984)