RICHARD A. ZAUN, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 3d DCA | 1961-12-11
No. 61-425
Before PEARSON, TILLMAN, C. J., and HORTON and BARKDULL, JJ.
135 So. 2d 866 Florida District Court of Appeal, Third District (1961) Positive Treatment
Cited by 7 cases

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Holding

The court held that the juvenile judge had substantial competent evidence to support his conclusions and did not depart from essential legal requirements.


Facts & Procedural History

The juvenile court placed a child's home under court supervision and ordered parents to comply with probation officer directions. This order was appea…

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Opinion of the Court
PER CURIAM.

PER CURIAM.

This is an appeal from a final order of the juvenile court which, inter alia, provides:

“It is therefore, Considered, Ordered, Adjudged and Decreed as Follows :
“That the home of the said children be and is hereby placed under the supervision of the Court. Further, the parents, guardian or custodian of the children shall admit to said home any probation officer of this Court for the purpose of supervision. Further, the parents, guardian, or custodian shall comply with all reasonable directions of the supervising probation officer concerning the care and welfare of the above named children.”

Such appeals are properly brought to this court, and are governed by the provisions of § 39.14, Fla.Stat., F.S.A., Art. 5, § 5(3), Fla.Const., 26 F.S.A.; State v. J. K., Fla. App.1958, 104 So.2d 113; In re C.E.S., Fla.App.1958, 106 So.2d 610; In re Evans, Fla.App.1960, 116 So.2d 783.

The scope of review in such cases is limited to a determination of the question whether or not the juvenile court misinterpreted the legal effect of the evidence as a whole or whether in some fashion he departed from the essential requirements of the law. Noeling v. State, Fla.1956, 87 So.2d 593.

Applying this rule to the evidence revealed by the record, we find that the juvenile judge had substantial competent evidence upon which to base his conclusions and that he did not misinterpret the legal effect of the evidence as a whole.

It would serve no useful purpose to- set forth the evidence in detail. On this point the record has been carefully examined and it leads us to the conclusion that the judgment of the juvenile court should be affirmed.

Affirmed.


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Citator

Cited By

  • Avery v. Rena M. Heermance, 138 So. 2d 775 (Fla. 3d DCA 1962)
    …a.1953, 66 So. 2d 42. Appeals from orders entered in the juvenile court are properly brought to this court and are governed by the provisions of § 39.14, Fla.Stat., F.S.A.; Art. V, Section 5(3), Fla.Const., 26 F.S.A. See Zaun v. State, Fla.App.1961, 135 So. 2d 866; In re C.E.S., Fla.App.1958, 106 So. 2d 610; State v. J. K., Fla.App.1958, 104 So. 2d 113. The appellant contends the juvenile court judge erred in failing to give full faith and credit to the provisions of the Georgia divorce decree granting custo…
  • Zaun v. State, 142 So. 2d 92 (Fla. 1962)
    …Appeal dismissed without opinion. 135 So. 2d 866.…
  • In the Interest of Warren Marshall, 214 So. 2d 486 (Fla. 2d DCA 1968)
    …d 911; and In re Zimmerman’s Estate, Fla.1956, 84 So. 2d 560, and cases there cited. See also 5 Fla.Jur. ‘Certiorari’ Sections 29 and 31.” The above holding in Noeling was in effect followed by the 3rd District Court in Zaun v. State, Fla.App.1962, 135 So. 2d 866. Tested by the aforesaid rule, we hold that the Juvenile Court here had sufficient, competent evidence before it to sustain the allegations of the petition which constituted the basis for the hearing. This being so, the order appealed from is accor…

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