A.G., NATURAL MOTHER OF S.B., A CHILD, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 1st DCA | 1999-07-07
Nos. 98-3151, 98-3156
JOANOS and PADOVANO, JJ„ CONCUR.
736 So. 2d 151 Florida District Court of Appeal, First District (1999) Positive Treatment
Cited by 1 case
Topics
Notice And Opportunity To Be Heard Procedural Due Process

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Opinion of the Court
BROWNING, J.

BROWNING, J.

This is an appeal from final orders in which the trial court ordered A.G., the appellant, to pay restitution arising from offenses committed by her son, S.B., a juvenile. The appellant contends that the lower tribunal violated her fundamental due-process rights by ordering her to pay restitution without providing her with meaningful notice and an opportunity to be heard. Fuentes v. Shevin, 407 U.S. 67, 80, 92 S.Ct. 1988, 32 L.Ed.2d 556 (1972) (constitutional right to procedural due process requires, at minimum, adequate notice and an opportunity to be heard before a court can deprive an individual of his or her property). Finding the instant facts and issues indistinguishable in all material respects from those in S.B.L. v. State, 24 Fla. L. Weekly D1372, 737 So. 2d 1131 (Fla. 1st DCA 1999), in which we also reversed the restitution order, we reverse the instant restitution orders and remand the case to the trial court to conduct further proceedings that comport with fundamental due process.

REVERSED and REMANDED for further proceedings.

JOANOS and PADOVANO, JJ„ CONCUR.

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  • Amendments to the Rules of Juvenile Procedure, 783 So. 2d 138 (Fla. 2000)
    …dians of a child when the state is seeking restitution or wishes to impose other sanctions against the parent or legal guardian. See S.B.L., Natural Mother of J.J. v. State, 737 So. 2d 1131 (Fla. 1st DCA 1999); A.G., Natural Mother of S.B. v. State, 736 So. 2d 151 (Fla. 1st DCA 1999). RULE 8.041 WITNESS ATTENDANCE AND SUBPOENAS (a) Attendance. A witness summoned by a subpoena in an adjudicatory hearing shall remain in attendance at the adjudicatory hearing until excused by the court or by both parties. A wi…

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