E.P. v. State

District Court of Appeal of Florida

E.P. v. State

442 So. 2d 320, 1983 Fla. App. LEXIS 24537

Procedural entryThis page is a short order in E.P. v. State. Read the opinion of the Court — 10 Fla. L. Weekly 197 →

District Court of Appeal of Florida·Decided December 6, 1983·No. No. 81-1412·Published

Opinion

PER CURIAM.

Because the state’s petition to adjudicate E.P. delinquent was filed 45 days after he was taken into custody, the order adjudicating E.P. delinquent must be reversed. § 39.05(6), Fla.Stat. (1980). Upon remand, the trial court may, within its discretion, determine whether fraud has been committed upon the court by the parties or by counsel and, through its contempt powers, punish accordingly.

Reversed and remanded with directions to vacate the order adjudicating E.P. delinquent.

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PER CURIAM.

Because the state’s petition to adjudicate E.P. delinquent was filed 45 days after he was taken into custody, the order adjudicating E.P. delinquent must be reversed. § 39.05(6), Fla.Stat. (1980). Upon remand, the trial court may, within its discretion, determine whether fraud has been committed upon the court by the parties or by counsel and, through its contempt powers, punish accordingly.

Reversed and remanded with directions to vacate the order adjudicating E.P. delinquent.

E.P. v. State, 442 So. 2d 320, 1983 Fla. App. LEXIS 24537 (Fla. Ct. App. 1983).

Pincite

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