DEPARTMENT OF CHILDREN AND FAMILIES
v.
RANDY DOYLE ROSS, JR. AND STATE OF FLORIDA
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A commitment order must be supported by evidence that the respondent meets the statutory requirements for commitment under section 916.13, Florida Statutes.
[1] A commitment order must be supported by evidence establishing that the respondent meets the statutory requirements for commitment; commitment without such evidentiary sup…
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Join FLexlaw to unlock all legal intelligence“[B]ecause there was no evidence presented to the trial court to support the findings it made, the trial court departed from the essential requirements of the law by ordering commitment.”
Court's citation to Dep't of Child. & Fams. v. Lotton, 172 So. 3d 983, 987 (Fla. 5th DCA 2015)
The circuit court committed Randy Doyle Ross, Jr. to the care of the Department of Children and Families. A psychiatric examination by Dr. Bursten con…
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IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA
FIFTH DISTRICT
NOT FINAL UNTIL TIME EXPIRES TO
FILE MOTION FOR REHEARING AND
DISPOSITION THEREOF IF FILED
DEPARTMENT OF CHILDREN AND FAMILIES,
Petitioner,
v. Case No. 5D18-2471
RANDY DOYLE ROSS, JR. AND
STATE OF FLORIDA,
Respondents.
____________________________________/
Opinion filed February1, 2019
Petition for Certiorari Review of Order, from the Circuit Court for Hernando County, Daniel B. Merritt, Jr., Judge.
Joyce
L.
Miller, Assistant Regional Counsel, of Department of Children and Families, Tavares, for Petitioner.
Ashley
B.
Moody, Attorney General, Tallahassee, and Douglas T. Squire, Assistant Attorney General, Daytona Beach, for Respondent, State of Florida. No Appearance for Respondent, Randy Doyle Ross, Jr.
PER CURIAM.
The Department of Children and Families (DCF) petitions this Court for certiorari review, challenging the circuit court’s order committing Randy Doyle Ross, Jr., to their care. DCF argues the order departs from the essential requirements of law because Ross
2 does not meet the statutory requirements for commitment. See § 916.13, Fla. Stat. (2018). The State properly concedes error.1 Accordingly, we grant the writ, quash the order under review, and remand for further proceedings. See Dep't of Child. & Fams. v. Lotton, 172 So. 3d 983, 987 (Fla. 5th DCA 2015) ("[B]ecause there was no evidence presented to the trial court to support the findings it made, the trial court departed from the essential requirements of the law by ordering commitment.").
PETITION GRANTED; ORDER QUASHED. ORFINGER, BERGER and GROSSHANS, JJ., concur.