D. G.
v.
STATE OF FLORIDA
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A petition for writ of certiorari challenging an order denying exceptions to a nonexistent magistrate's report is premature and lacks jurisdiction absent an actual order of involuntary commitment.
[1] A petition for writ of certiorari challenging an interlocutory order denying exceptions to a magistrate's report lacks jurisdiction when no actual order of involuntary co…
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Join FLexlaw to unlock all legal intelligenceD.G. filed a petition for writ of certiorari challenging a trial court order denying D.G.'s exceptions to a magistrate's report in a matter involving …
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DISTRICT COURT OF APPEAL OF FLORIDA
SECOND DISTRICT
D.G.,
Petitioner,
v.
STATE OF FLORIDA,
Respondent.
No. 2D2023-2254
April 23, 2025 Petition for Writ of Certiorari to the Circuit Court for Pasco County; James R. Stearns, Judge.
Blair Allen, Public Defender, and Lisa Martin, Assistant Public Defender, Bartow, for Petitioner.
James Uthmeier, Attorney General, Tallahassee, and Lydon William Schultz, Assistant Attorney General, Tampa, for Respondent.
LaROSE, Judge.
D.G. petitions for a writ of certiorari to quash the trial court's "Order Denying Defense Exception."1 This order does not commit D.G. to
2
involuntary inpatient placement. See generally § 394.467(7), Fla. Stat. (2023). Nor does the order adopt or reject a magistrate's report and recommendation. Cf. Fla. R. Civ. P. 1.490(h); Richardson v. Starling, 56 So. 3d 866, 868 (Fla. 1st DCA 2011) (holding that the trial court abused its discretion by "modifying Appellant's child support obligations without benefit of the magistrate's report and recommendations"). In fact, no such written report and recommendation exists. The order merely denies D.G.'s exceptions to a nonexistent magistrate's report. Without an order of involuntary commitment, D.G.'s petition is premature. Thus, D.G. fails to satisfy the jurisdictional prongs for certiorari. See generally Plantz v. John, 170 So. 3d 822, 824 (Fla. 2d DCA 2015). We dismiss the petition for lack of jurisdiction, without prejudice to appeal or to seek a writ of certiorari of any rendered involuntary commitment order. Dismissed without prejudice.
ROTHSTEIN-YOUAKIM and ATKINSON, JJ., Concur.
Opinion subject to revision prior to official publication.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Scott Plantz, M.D. v. John, 170 So. 3d 822 (Fla. 2d DCA 2015)
- Arne Langsetmo v. Metza, 306 So. 3d 112 (Fla. 4th DCA 2020)
- Harris v. Nekisha D. Harris, 64 So. 3d 1288 (Fla. 1st DCA 2011)