LUCY HADI, AS SECRETARY FOR THE DEPARTMENT OF CHILDREN AND FAMILIES, PETITIONER,
v.
L.B., B.B., R.B., & E.B., MINOR CHILDREN, RESPONDENTS
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PER CURIAM.
We have for review a petition for writ of certiorari challenging the portion of the trial court’s order directing the attorney for the Department of Children and Families to subpoena the Secretary of the Department, Lucy Hadi, to appear before the trial court to testify as to whether the Department has an appropriate placement in Florida for B.B., a dependent minor. Because the information sought by the trial court is available from lesser ranking officers, the trial court departed from the essential requirements of the law by directing the Department to subpoena Secretary Hadi. Dep’t of Health & Rehab. Seros, v. Brooke, 573 So. 2d 363, 371 (Fla. 1st DCA 1991), approved by F.G. v. Agency for Persons with Disabilities, 940 So. 2d 1095 (Fla.2006).
We therefore grant the petition and quash the portion of the trial court’s order directing the Department to subpoena Secretary Hadi. We note that the trial court is free to subpoena a lesser ranking officer to obtain any additional information to assist in the placement of B.B.
ERVIN, DAVIS, and BENTON, JJ„ concur.
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Dep't of Child. & Fam. Servs. v. Leons, 948 So. 2d 988 (Fla. 4th DCA 2007)…s within fifteen days of their commitment. See, e.g., Dep’t of Children & Families v. Soliman, 947 So. 2d 568 (Fla. 1st DCA 2006) (court did not have authority to order release of defendant to personal custody of the Secretary of DCF); Hadi v. L.B., 946 So. 2d 1132 (Fla. 1st DCA 2006) (trial court departed from essential requirements of law by directing DCF to subpoena Secretary of agency); Hadi v. Cordero, 31 Fla. L. Weekly D3051, — So. 2d -, 2006 WL 3499149 (Fla. 3d DCA Dec. 6, 2006) (order requiring DCF to…
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Fla. Off. OF Ins. Reg. v. Fla. Dep't OF Fin. Servs. for S. Fam. Ins. Co., Atl. Preferred Ins. Co., & Fla. Preferred Prop. Ins. Co. & Deloitte & Touche, LLP, 159 So. 3d 945 (Fla. 1st DCA 2015)…people from accepting positions as public servants. See Home, 901 So. 2d at 241; Brooke, 573 So. 2d at 371. See also Miami-Dade County v. Dade County Police Benevolent Ass’n, 103 So. 3d 236, 239 (Fla. 3d DCA 2012); Hadi v. L.B., B.B., R.B., & E.B., 946 So. 2d 1132, 1133 (Fla. 1st DCA 2006).. Some state and federal courts refer to this doctrine as the “apex” doctrine, in the context of both high-ranking government and corporate officials. See, e.g.; State ex rel. Massachusetts Mut. Life Ins. Co. v. Sanders, 2…
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Dwain W. Higginbotham v. Higginbotham, 52 So. 3d 806 (Fla. 3d DCA 2011)
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- Williams v. State, 573 So. 2d 363 (Fla. 2d DCA 1990)
- State v. The Honorable Alban Brooke of the Cir. Court of the Fourth Jud. Cir. In & For Duval Cnty., 573 So. 2d 363 (Fla. 1st DCA 1991)
- F.G. v. Agency FOR Persons With Disabilities, 940 So. 2d 1095 (Fla. 2006)