AGENCY FOR PERSONS WITH DISABILITIES, PETITIONER,
v.
STATE OF FLORIDA, RESPONDENT
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PER CURIAM.
The petitioner seeks certiorari review of an amended order by which the trial court instructed the petitioner to transfer an incompetent criminal defendant committed to its custody and care from one particular facility to another. Although permitted to make a non-binding recommendation regarding placement, the trial court was without authority to mandate this transfer. See Department of Children and Families v. Morrison, 727 So. 2d 404 (Fla. 3d DCA), rev. denied, 741 So. 2d 1136 (Fla.1999); accord Department of Children and Families v. Blue, 951 So. 2d 18 (Fla. 4th DCA 2007); Department of Children and Families v. Harter, 861 So. 2d 1274 (Fla. 5th DCA 2003); Department of Children and Family Services v. M.H., 830 So. 2d 849 (Fla. 2d DCA 2002). Accordingly, we grant the petition for writ of certiorari and quash the order under review insofar as it mandates the aforementioned transfer. ALLEN, VAN NORTWICK, and LEWIS, JJ., concur.
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Citator
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B.K. v. State, 984 So. 2d 621 (Fla. 1st DCA 2008)…erest of E.H., 609 So. 2d 1289 (Fla.1992) (holding that the proper procedure for belated appeal in termination of parental rights proceedings was by petition for writ of habeas corpus in trial court); see also R.Z. v. Dep’t of Children and Families, 969 So. 2d 1225 (Fla. 1st DCA 2007) (holding same in dependency cases). All pending motions are denied as moot. BARFIELD, VAN NORTWICK, and PADOVANO, JJ., concur.…
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B. R. v. Dep't of Child. & Families, 175 So. 3d 388 (Fla. 1st DCA 2015)…dd, 773 So. 2d 630 (Fla. 3d DCA 2000). [*389] Accordingly, this appeal is dismissed for lack of jurisdiction. The dismissal is -without prejudice to the appellant’s right to seek relief in the trial court. See R.Z. v. Dep’t of Children and Families, 969 So. 2d 1225 (Fla. 1st DCA 2007); In the Interest of E.H., 609 So. 2d 1289 (Fla.1992). LEWIS, SWANSON, and WINOKÜR, JJ., concur.…
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T.P. v. Fla. Dep't OF Child. & Families, 177 So. 3d 1048 (Fla. 1st DCA 2015)…ismiss is granted and the appeal is dismissed for lack of jurisdiction. The dismissal is without prejudice to the appellant’s right to seek any relief to which he may be entitled from the lower tribunal. See R.Z. v. Dep’t of Children and Families, 969 So. 2d 1225 (Fla. 1st DCA 2007). LEWIS, ROWE, and BILBREY, JJ., concur.…
Authorities Cited
- Dep't OF Child. & Families v. Harter, 861 So. 2d 1274 (Fla. 5th DCA 2003)
- State v. Morrison, 727 So. 2d 404 (Fla. 3d DCA 1999)
- Dep't OF Child. & Fam. Servs. v. M.H. & State of Fla., 830 So. 2d 849 (Fla. 2d DCA 2002)
- Dep't OF Child. & Families v. Blue, 951 So. 2d 18 (Fla. 4th DCA 2007)