MATTHEW FAISON, PETITIONER,
v.
GGO PRISON FACILITY AND COL. CORR. INST., RESPONDENTS

Fla. 1st DCA | 2014-06-30
No. 1D14-1760
VAN NORTWICK, PADOVANO, and MARSTILLER, JJ., concur.
145 So. 3d 884 Florida District Court of Appeal, First District (2014) Positive Treatment
Cited by 3 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

The petition for writ of mandamus is denied on the merits. See Thomas v. State, Dept. of Revenue, 74 So.3d 145 (Fla. 1st DCA 2011) (stating that absent a showing that an express and distinct demand for performance has been made, mandamus will not lie to compel a court to rule on a pleading in a civil matter).

VAN NORTWICK, PADOVANO, and MARSTILLER, JJ., concur.


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  • C.D. v. Fla. Dep't of Child. & Families, 164 So. 3d 40 (Fla. 1st DCA 2015)
    …ld from serious harm, not, as the trial court erroneously found, the least restrictive means of achieving permanency. In seeking to achieve this goal, DCF is “obliged to ‘proceed in a narrowly tailored manner.’” G.H. v. Dep’t of Children & Families, 145 So. 3d 884, 886 (Fla. 1st DCA 2014) (quoting N.S. & D.R. v. Dep’t of Children & Families, 36 So. 3d 776, 778 (Fla. 3d DCA 2010)). The Mother contends that the TPR order does not pass the least restrictive means test. She asserts that DCF argued, and the court…
  • State v. B.C., 185 So. 3d 716 (Fla. 1st DCA 2016)
    …contact between child and parent automatically forestalls termination. We conclude that the three cases can be harmonized to avoid the harsh results that this case and others represent. We turn first to G.H. v. Department of Children and Families, 145 So. 3d 884 (Fla. 1st DCA 2014), which" involved a child who was sexually abused by an older sibling, their father not living in the home at the time. Id. at 885. The older sibling, who was adjudicated delinquent, was later returned to the home and the abuse wa…
  • State v. T.S., 155 So. 3d 476 (Fla. 1st DCA 2015)
    …is necessary to determine whether termination is appropriate under the correct legal factors. We note that the trial court relied on A.H. v. Dep’t of Children & Families, 144 So. 3d 662 (Fla. 1st DCA 2014), and G.H. v. Dep’t of Children & Families, 145 So. 3d 884 (Fla. 1st DCA 2014). In both cases, this Court held that measures short of termination were available and that termination was not the least restrictive means to protect the child from harm. Neither case requires the outcome reached below. In A.H.,…

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