DEPARTMENT OF CHILDREN AND FAMILIES, PETITIONER,
v.
J.F.C., A CHILD, RESPONDENT
DEPARTMENT OF CHILDREN AND FAMILIES, PETITIONER,
J.F.C., A CHILD, RESPONDENT
901 So. 2d 417
Florida District Court of Appeal, Fifth District (2005)
Positive Treatment
Cited by 2 cases
Opinion of the Court
PER CURIAM.
The Department of Children and Families, (“DCF”), petitions for certiorari relief to quash an order finding a juvenile incompetent to proceed in a delinquency proceeding and committing the juvenile to DCF. DCF challenges the commitment order because it was entered without prior notice being given to it. All parties to the proceeding agree that failure to give notice was error. Accordingly, we grant the petition, issue the writ, quash the order of commitment and remand for further proceedings consistent with section 985.223, Florida Statutes (2005).
PETITION GRANTED; REMANDED.
SHARP, W., PETERSON and TORPY, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
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Cedar Mountain Ests., LLC v. Loan ONE, LLC, 4 So. 3d 15 (Fla. 5th DCA 2009)…(Fla.1962)). Still, to prevail on a motion to vacate a default judgment, the moving party must establish: (1) excusable neglect; (2) a meritorious defense; and (3) due diligence. Fla. R. Civ. P. 1.540; Net One, LLC v. Christian Telecom Network, LLC, 901 So. 2d 417, 419 (Fla. 5th DCA 2005). Here, Post established a meritorious defense by filing a responsive pleading alleging multiple affirmative defenses, a copy of which he attached to his motion. See, e.g., Geer v. Jacobsen, 880 So. 2d 717, 721 (Fla. 2d DCA…
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Dep't OF Child. & Families v. W.J.R., 915 So. 2d 245 (Fla. 5th DCA 2005)…nner in the disposition of W.J.R., contrary to section 985.223(l)(a), Florida Statutes.1 We ordered respondent to show cause why this petition should not be granted, but no response has been filed. In Department of Children and Families v. J.F.C., 901 So. 2d 417 (Fla. 5th DCA 2005), this court quashed a juvenile commitment order in a similar case, because it had been entered without prior notice to DCF. We held that notice to DCF and permitting DCF to participate in a meaningful way in a competency proceedi…