Department of Children & Family Services v. J.W.

District Court of Appeal of Florida

Department of Children & Family Services v. J.W.

884 So. 2d 190, 2004 Fla. App. LEXIS 10961, 2004 WL 1635347

CourtDistrict Court of Appeal of Florida

DecidedJuly 23, 2004

DocketNo. 2D04-2733

StatusPublished

Cited by1 cases

This text of 884 So. 2d 190 (Department of Children & Family Services v. J.W.) 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.

Bluebook

Department of Children & Family Services v. J.W., 884 So. 2d 190, 2004 Fla. App. LEXIS 10961, 2004 WL 1635347 (Fla. Ct. App. 2004).

Pincite

Opinion

PER CURIAM.

On June 17, 2004, the Department of Children and Family Services (DCF) filed an emergency motion for stay and petition for writ of common law certiorari or in the alternative petition for writ of prohibition or other appropriate relief. On July 1, 2004, this court granted the emergency motion for stay pending further order of this court. On July 7, 2004, this court dissolved the stay and denied the petition. This opinion follows.

DCF raises a claim under Florida Rule of Juvenile Procedure 8.095, challenging aspects of the trial court’s order finding J.W. not guilty by reason of insanity and committing J.W. to DCF to be placed in a mental health treatment facility. Because DCF was not a party to the case below, it lacks standing to challenge the trial court’s order. See Dep’t of Health & Rehab. Servs. v. Simon, 492 So.2d 1159 (Fla. 3d DCA 1986). The petition is therefore denied.

Petition denied.

CASANUEVA, DAVIS and CANADY, JJ., Concur.

Free access — add to your briefcase to read the full text and ask questions with AI