T.M., A JUVENILE, PETITIONER,
v.
DALE DOBULER, SUPERINTENDENT MIAMI-DADE REGIONAL JUVENILE DETENTION CENTER, AND THE STATE OF FLORIDA, RESPONDENTS

Fla. 3d DCA | 2007-02-07
No. 3D07-294
Before SHEPHERD, SUAREZ, and ROTHENBERG, JJ.
959 So. 2d 279 Florida District Court of Appeal, Third District (2007) Positive Treatment
Cited by 2 cases


Opinion of the Court
PER CURIAM.

PER CURIAM.

We deny the petition for writ of habeas corpus. § 985.037(1), Fla. Stat. (2007) (“The court may punish any child for contempt for interfering with the court ..., or for violating any provision of this chapter or order of the court relative thereto.”); see also G.S. v. State, 709 So. 2d 122, 123-24 (Fla. 5th DCA 1998)(“Contempt appears to be an alternative permissible procedure to address juvenile violators of community control.”); cf. Cason v. State, 604 So. 2d 928 (Fla. 3d DCA 1992)(where an adult defendant allegedly violated condition of probation and there is no indirect criminal contempt statute, the exclusive method for charging and trying the alleged violation was provided for in section 948.06, Florida Statutes (1991) [violation of probation or community control], rather than by indirect criminal contempt). However, we remand for the trial court to enter an order complying with Florida Rule of Juvenile Procedure 8.150(b).

Petition denied and case remanded for further proceedings.


Cases With Similar Vibessemantic neighbors from the corpus


Citator

Cited By

  • B.M. v. Dobuler, 979 So. 2d 308 (Fla. 3d DCA 2008)
    …nted to an “[utter] disregard of court process,” the proper vehicle by which to vindicate such a snub was a properly-convened indirect contempt proceeding. See § 985.037(4)(b), Fla. Stat. (2007); R.G., 817 So. 2d at 1020; see, e.g., T.M. v. Dobuler, 959 So. 2d 279, 280 (Fla. 3d DCA 2007) (noting that contempt is “an alternative permissible procedure to address juvenile violators of community control)” (quoting G.S. v. State, 709 So. 2d 122, 123-24 (Fla. 5th DCA 1998)). The court ordered, but did not conduct,…

Authorities Cited

Full citator, related cases, and AI research tools

Open in FLexlaw