SIXTO ACEVEDO, SR., APPELLANT,
v.
DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES, APPELLEE
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PER CURIAM.
Upon the commendable confession of error by the Department of Health and Rehabilitative Services, we reverse and vacate the appellant’s adjudication and sentence for indirect criminal contempt in this dependency proceeding where the record reflects that an order to show cause was never issued prior to the commencement of the contempt proceeding as required by Rule 8.285(b), Florida Rule of Juvenile Procedure. Pugliese v. Pugliese, 347 So. 2d 422 (Fla.1977); May v. State, 623 So. 2d 601 (Fla. 2d DCA 1993); Naylor v. Naylor, 468 So. 2d 398 (Fla. 4th DCA 1985); Grant v. State, 464 So. 2d 650 (Fla. 4th DCA 1985). Accordingly, the appellant shall be released from custody forthwith.
Our reversal is without prejudice to the renewal of the contempt proceedings with appropriate notice as required by the aforementioned rule.
Reversed and remanded.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Dep't OF Child. & Families v. D.T. and T.T., 808 So. 2d 1282 (Fla. 5th DCA 2002)…cedure required by Rule 8.285(b), Florida Rules of Juvenile Procedure (2001). The court failed to issue an order to show cause as required by Florida Rule of Juvenile Procedure 8.285(b)(1). See Acevedo v. Dept, of Health and Rehabilitative Services, 668 So. 2d 1124 (Fla. 3d DCA 1996). Additionally, although we agree that the Department violated the court’s [*1283] order to file and serve the predisposition report no later than five days before the hearing, the court sanctioned the wrong parties. It is clear…
Authorities Cited
- Rocco Pugliese v. Pugliese, 347 So. 2d 422 (Fla. 1977)
- Grant v. State, 464 So. 2d 650 (Fla. 4th DCA 1985)
- MAY v. State, 623 So. 2d 601 (Fla. 2d DCA 1993)
- Campaniello Imports OF Florida v. Jamie Mgmt. Corp., 468 So. 2d 398 (Fla. 3d DCA 1985)