IN RE THE INTEREST OF L.B., A MINOR. DEPARTMENT OF HEALTH & REHABILITATIVE SERVICES, APPELLANT,
v.
ALBERTA MCHELLEN; KASANDRA AND NIEL BROWN; HOLLY ROYAL; AND BETTY HODGES, APPELLEES
PER CURIAM.
H.R.S. has standing to bring this action pursuant to section 39.14, Florida Statutes (1985). See In Re Interest of K.A.B., 483 So. 2d 898 (Fla. 5th DCA 1986). The lower court’s actions in recommending placement options for the minors in this case were in violation of the mandatory dictates of section 39.09(3)(e), Florida Statutes (1985). See T.D. v. State, 486 So. 2d 40 (Fla. 2d DCA 1986); T.A.W. v. State, 455 So. 2d 582 (Fla. 5th DCA 1984); W.Y. v. State, 414 So. 2d 659 (Fla. 1st DCA 1982); L.J.N. v. State, 411 So. 2d 1349 (Fla. 1st DCA 1982). This case is reversed and remanded for entry of an order in compliance with the statute.
REVERSED and REMANDED.
DAUKSCH, COBB and SHARP, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Heuring v. State, 559 So. 2d 207 (Fla. 1990)…nced him to twenty-five years with the condition that if he were released from prison prior to that time he would serve the remainder of his sentence on probation. This was a logical approach, and the sentence was legal on its face. Fisher v. State, 493 So. 2d 554 (Fla. 1st DCA 1986); Pittman v. State, 492 So. 2d 741 (Fla. 1st DCA 1986). But see Easton v. State, 472 So. 2d 1369 (Fla. 3d DCA 1985) (split sentence with similar provisions deemed invalid). This sentence is now being held illegal because of the o…
-
Dep't OF Health & Rehabilitative Servs. v. R.S., 511 So. 2d 434 (Fla. 5th DCA 1987)…Florida Statutes (1985). See J.S.M. v. State, 505 So. 2d 583 (Fla.2d DCA 1987); A.H. v. State, 499 So. 2d 27 (Fla.2d DCA 1986); Department of Health and Rehabilitative Services v. Margain, 495 So. 2d 241 (Fla. 5th DCA 1986); In re Interest of L.B., 493 So. 2d 554 (Fla. 5th DCA 1986); T.D. v. State, 486 So. 2d 40 (Fla.2d DCA 1986); T.A.W. v. State, 455 So. 2d 582 (Fla. 5th DCA 1984); R.S. v. State, 414 So. 2d 660 (Fla. 1st DCA 1982); W.Y v. State, 414 So. 2d 659 (Fla. 1st DCA 1982); L.J.N. v. State, 411 So. 2…
-
Heuring v. State, 539 So. 2d 590 (Fla. 1st DCA 1989)…sentence on probation. A similar sentence was found to be improper in Easton v. State, 472 So. 2d 1369 (Fla. 3d DCA 1985).4 However, this court expressly rejected Easton in Pittman v. State, 492 So. 2d 741 (Fla. 1st DCA 1986),5 and Fisher v. State, 493 So. 2d 554 [*592] (Fla. 1st DCA 1986).6 Based upon this court’s decisions in Pittman and Fisher, we affirm the plea-agreement departure sentence: 25 years, and its proviso that in the event of defendant’s early release from incarceration, the defendant shall b…
Previewing 3 of 8 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- In the Interest of K.A.B. v. Hyson, 483 So. 2d 898 (Fla. 5th DCA 1986)
- L. J. N. v. State, 411 So. 2d 1349 (Fla. 1st DCA 1982)
- W. Y. v. State, 414 So. 2d 659 (Fla. 1st DCA 1982)
- T.D. v. State, 486 So. 2d 40 (Fla. 2d DCA 1986)
- T.A.W. v. State, 455 So. 2d 582 (Fla. 5th DCA 1984)