C.W., A CHILD, AND JAMES PURDY, PUBLIC DEFENDER, SEVENTH JUDICIAL CIRCUIT, PETITIONERS,
v.
MICHAEL CURRIE, DIRECTOR, OKALOOSA YOUTH ACADEMY, AND STATE OF FLORIDA, RESPONDENTS

Fla. 1st DCA | 2007-07-31
No. 1D07-2629
BARFIELD, ALLEN, and HAWKES, JJ., concur.
962 So. 2d 976 Florida District Court of Appeal, First District (2007)


Opinion of the Court
PER CURIAM.

PER CURIAM.

C.W., a child, petitions this court for a writ of habeas corpus, contending that the Circuit Court for Volusia County lacked jurisdiction to commit him to the custody of the Department of Juvenile Justice. However, petitioner did not timely appeal the commitment order and we therefore find that the petition is proeedurally barred. Powell v. Fla. Dep’t of Corr., 741 So. 2d 1201 (Fla. 1st DCA 1999). We find petitioner’s reliance on Alachua Regional Juvenile Detention Center v. T.O., 684 So. 2d 814 (Fla.1996) and Murray v. Regier, 872 So. 2d 217 (Fla.2002) to be misplaced because neither of those petitioners was detained pursuant to a lower tribunal order reviewable by appeal. Concluding that this court lacks jurisdiction, the instant petition is hereby dismissed.

PETITION DISMISSED.

BARFIELD, ALLEN, and HAWKES, JJ., concur.


Cases With Similar Vibessemantic neighbors from the corpus


Citator

Authorities Cited

Full citator, related cases, and AI research tools

Open in FLexlaw