Acevedo v. Department of Health & Rehabilitative Services
This text of 668 So. 2d 1124 (Acevedo v. Department of Health & Rehabilitative Services) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
CONFESSION OF ERROR
Upon the commendable confession of error by the Department of Health and Rehabilitative Services, we reverse and vacate the appellant’s adjudication and sentence for indirect criminal contempt in this dependency proceeding where the record reflects that an order to show cause was never issued prior to the commencement of the contempt proceeding as required by Rule 8.285(b), Florida Rule of Juvenile Procedure. Pugliese v. Pugliese, 347 So.2d 422 (Fla.1977); May v. State, 623 So.2d 601 (Fla. 2d DCA 1993); Naylor v. Naylor, 468 So.2d 398 (Fla. 4th DCA 1985); Grant v. State, 464 So.2d 650 (Fla. 4th DCA 1985). Accordingly, the appellant shall be released from custody forthwith.
Our reversal is without prejudice to the renewal of the contempt proceedings with appropriate notice as required by the aforementioned rule.
Reversed and remanded.
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668 So. 2d 1124, 1996 Fla. App. LEXIS 2853, 1996 WL 125785, Counsel Stack Legal Research, https://law.counselstack.com/opinion/acevedo-v-department-of-health-rehabilitative-services-fladistctapp-1996.