J.T., GRANDMOTHER OF D.T., A CHILD, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
J.T., GRANDMOTHER OF D.T., A CHILD, APPELLANT,
STATE OF FLORIDA, APPELLEE
680 So. 2d 564
Florida District Court of Appeal, First District (1996)
Positive Treatment
Cited by 2 cases
Opinion of the Court
PER CURIAM.
J.T., the grandmother and legal guardian of D.T., a child adjudicated delinquent, appeals an order requiring her to pay restitution to the victim of D.T.’s armed robbery of a bicycle. On the authority of C.M. v. State, 676 So. 2d 498 (Fla. 1st DCA 1996), we reverse the order of restitution because there is no statutory basis or other authority for requiring the appellant, as the child’s grandmother, to pay restitution for damage caused by the child. As a result of our reversal on this issue, the remaining issues raised on appeal are rendered moot.
REVERSED.
BOOTH, WOLF and VAN NORTWICK, JJ., concur.
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Citator
Cited By
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Hickey v. Burlinson, 33 So. 3d 827 (Fla. 5th DCA 2010)…ida Rule of Juvenile Procedure 8.6202 which provides: “The court shall assure that in camera proceedings with a child outside the presence of other parties are recorded unless otherwise stipulated by the parties.” The court in Hathcock v. Hathcock, 680 So. 2d 564, 565 (Fla. 1st DCA 1996), relied on Nowak when it held that a request that a court reporter transcribe a child’s in camera testimony “must be honored.” (Emphasis added.) See also Shaw v. Shaw, 455 So. 2d 1156 (Fla. 5th DCA 1984) (reversing the trial…
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Hamilton Monteiro v. Monteiro, 55 So. 3d 686 (Fla. 3d DCA 2011)…was required to protect the child’s best interest. Id. It is abundantly clear that the only method for the wife here, like the wife in Hickey, to prove her case was through the introduction of the children’s testimony. See also Hathcock v. Hathcock, 680 So. 2d 564 (Fla. 1st DCA 1996); Nowak v. Nowak, 546 So. 2d at 123. Moreover, Florida Family Law Rule of Procedure 12.407 and Hickey also make it clear that the children’s interests are of the utmost importance in domestic and sexual violence cases. See Hickey…
Authorities Cited
- C.M. v. State, 676 So. 2d 498 (Fla. 1st DCA 1996)