Department of Corrections v. State

District Court of Appeal of Florida

Department of Corrections v. State

929 So. 2d 717, 2006 Fla. App. LEXIS 8231, 2006 WL 1419494

District Court of Appeal of Florida·Decided May 25, 2006·No. No. 1D05-5318·Published

Opinion

PER CURIAM.

The challenged “notice of hearing” subpoena appears to be a veiled attempt to use the contempt power of the trial court to compel the Department of Corrections to assign probation officers to the court, rather than requesting them on a case-by-case basis. As such, it is a nullity. The petition for writ of certiorari is therefore GRANTED and the subpoena is QUASHED.

BARFIELD, ALLEN, and BROWNING, JJ., concur.

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PER CURIAM.

The challenged “notice of hearing” subpoena appears to be a veiled attempt to use the contempt power of the trial court to compel the Department of Corrections to assign probation officers to the court, rather than requesting them on a case-by-case basis. As such, it is a nullity. The petition for writ of certiorari is therefore GRANTED and the subpoena is QUASHED.

BARFIELD, ALLEN, and BROWNING, JJ., concur.

Department of Corrections v. State, 929 So. 2d 717, 2006 Fla. App. LEXIS 8231, 2006 WL 1419494 (Fla. Ct. App. 2006).

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