A.M.V., A JUVENILE, PETITIONER,
v.
THE STATE OF FLORIDA, AND GEORGE LAFLAM, SUPERINTENDENT, MIAMI-DADE JUVENILE DETENTION CENTER, RESPONDENTS

Fla. 3d DCA | 2003-01-31
No. 3D03-283
Before COPE and SHEVIN, JJ, and NESBITT, Senior Judge.
840 So. 2d 1071 Florida District Court of Appeal, Third District (2003) Positive Treatment
Cited by 48 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

From the Petition of the juvenile and the State’s response, it is plain that the court failed to determine any risk assessment involved in this proceeding.

Accordingly, the Petition for Habeas Corpus is granted and the juvenile is ordered discharged instanter. See. R.G. v. State, 817 So. 2d 1019, 1020 (Fla. 3d DCA 2002).


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  • …hal could perform after MMI until he knew what permanent work restrictions would be assigned by Dr. McKa-lip. The JCC, as the fact-finder, was responsible for resolving these conflicts in evidence.20 See Chavarria v. Selugal Cloth [*473] ing, Inc., 840 So. 2d 1071 (Fla. 1st DCA 2003) (en banc) (reaffirming Jefferson Stores, Inc. v. Rosenfeld, 386 So. 2d 865 (Fla. 1st DCA 1980), in which the court held that “[i]t is the [JCC]’s function to determine credibility and resolve conflicts in the evidence, and he may…
  • Punsky v. Clay Cnty. Sheriff's Off. & Scibal Ins. Grp., 18 So. 3d 577 (Fla. 1st DCA 2009)
    …We believe that our inconsistency in analyzing the presumption and Caldwell has been caused, at least in part, by our occasional erroneous practice of appellate reweighing of evidence. As this court explained in Chavarria v. Selugal Clothing, Inc., 840 So. 2d 1071, 1076 (Fla. 1st DCA 2003), “the controlling rule for review of workers’ compensation orders is ‘whether there is substantial competent evidence in accordance with logic and reason to sustain the finding of the [JCC] ....’” (quoting Andrews v. C.B.S.…
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    …ng tribunal need only determine that the record contains competent substantial evidence supporting the JCC’s conclusion; the JCC is not required to explain why he or she disregarded contradictory evidence. Chavarria v. Selugal Clothing, Inc., et al, 840 So. 2d 1071 (Fla. 1st DCA 2003) (en banc). However, when the question presented in review of a workers’ compensation appeal is one of .law, review is de novo. Amato v. Winn Dixie Stores, 810.So. 2d 979, 981 (Fla. 1st DCA 2002). Here, the record contains compete…

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