GARY BENNETT KING, APPELLANT,

v.

MARY JANE HEAD KING, APPELLEE

Citator

Cited By

• Dep't OF Juv. Just. v. K.B., 784 So. 2d 556 (Fla. 1st DCA 2001)
  …985.03(43), Fla. Stat. (2000). Commitment and a probation program that is supposed to be in lieu of commitment are mutually exclusive. Moreover, a trial court cannot order DJJ to place K.B. in a specific facility. See Dep’t of Juv. Just. v. J.R., 716 So. 2d 872, 873 (Fla. 1st DCA 1998) (holding that the trial court lacks the authority to place a juvenile in a particular facility); R.L.B., 693 So. 2d at 131 (“[Tjhere is no mention [in the statute] of court power in regard to actual program placement.”); Dep…
• State v. E.R., 724 So. 2d 129 (Fla. 3d DCA 1998)
  …Court’s ruling in the DJJ’s previously filed and adjudicated petition for writ of prohibition did not address the issues presented in this appeal, and consequently does not bar review. As recently observed in Department of Juvenile Justice v. J.R., 716 So. 2d 872, 873 (Fla. 1st DCA 1998): As a matter of law, the trial court lacked the statutory authority to make this selection decision. Under former chapter 39 [Now codified at chapter 985, Florida Statutes (1997). See §§ 985.23, 985.231, Fla. Stat. (1997).]…
• Bardo v. State, 804 So. 2d 474 (Fla. 1st DCA 2001)
  …he Department of Corrections and the Department of Children and Family Services. Such an assertion of control in the context of sentencing would have been impermissible, and the trial judge obviously recognized this. See Dep’t of Juv. Just. v. J.R., 716 So. 2d 872 (Fla. 1st DCA 1998); see also Singletary v. Acosta, 659 So. 2d 449 (Fla. 3rd DCA 1995). Accordingly, the judge committed no error in refusing to order evaluation and treatment. AFFIRMED. ERVIN, KAHN, and DAVIS, JJ., concur.…

Authorities Cited

• Pitcher v. Schneider (Fla. 5th DCA 2018)
• Albert v. Applegate et ux., 377 So. 2d 1150 (Fla. 1979)