IN RE D.M., A MINOR

Fla. 5th DCA | 1989-05-12
No. 89-914
ORFINGER and DANIEL, JJ., concur., COBB, J., dissents without opinion.
543 So. 2d 363 Florida District Court of Appeal, Fifth District (1989) Caution
Cited by 78 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

D.M. appeals an order denying her petition for waiver of parental consent for the termination of her pregnancy, which petition was filed pursuant to section 390.-001(4), Florida Statutes (Supp.1988). On the authority of and for the reasons expressed in In Re: T. W., a minor, 543 So. 2d 837 (Fla. 5th DCA 1989), wherein this court held section 390.001(4)(a) to be unconstitutional, we vacate the order appealed from and remand the case to the trial court with directions to dismiss the petition. No petition for rehearing will be entertained and the mandate shall issue forthwith.

Order VACATED; REMANDED.

ORFINGER and DANIEL, JJ., concur. COBB, J., dissents without opinion.


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Cited By (39 total)

  • S.G.K. v. State, 657 So. 2d 1246 (Fla. 1st DCA 1995)
    …icion of criminal activity to justify his attempt to detain the defendant. “[T]he officer must articulate in particular and objective terms his reasonable suspicion of criminal activity.” Harris v. State, 647 So. 2d at 208 (quoting Daniels v. State, 543 So. 2d 363, 365 (Fla. 1st DCA 1989)). Under sections 316.066(3)(a) and [*1248] 316.061, Florida Statutes (1993), the trooper is obligated to file an accident report for all accidents which result in damage to a vehicle. Nevertheless, neither statute requires w…
  • Hines v. State, 737 So. 2d 1182 (Fla. 1st DCA 1999)
    …tify a search warrant. Rather, an officer need simply have a reasonable belief that the individual is armed and dangerous. State v. Webb, 398 So. 2d 820, 824-25 (Fla.1981); State v. Burns, 698 So. 2d 1282, 1284 (Fla. 5th DCA 1997); Daniels v. State, 543 So. 2d 363 (Fla. 1st DCA 1989). . The Florida Stop and Frisk Law, section 901.151, Florida Statutes, is a codification of Terry. . The Fourth Amendment of the United States Constitution guarantees "[t]he right of the people to be secure in their persons, hou…
  • Steele v. State, 561 So. 2d 638 (Fla. 1st DCA 1990)
    …suspicion that the individual stopped has committed, is committing, or is about to commit a crime. Tamer v. State, 484 So. 2d 583, 584 (Fla.1986); Webb, 398 So. 2d at 822; Johnson v. State, 547 So. 2d 699, 701 (Fla. 1st DCA 1989); Daniels v. State, 543 So. 2d 363, 365 (Fla. 1st DCA 1989); R.E. v. State, 536 So. 2d 1125, 1127 (Fla. 1st DCA 1988). While an officer may stop a vehicle on less than probable cause, a bare suspicion that its occupants are violating the law is insufficient. Coladonato v. State, 348…

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