In the Interest of J.R.

District Court of Appeal of Florida

In the Interest of J.R.

561 So. 2d 1324, 1990 Fla. App. LEXIS 3972, 1990 WL 70626

CourtDistrict Court of Appeal of Florida

DecidedMay 30, 1990

DocketNo. 89-2440

StatusPublished

This text of 561 So. 2d 1324 (In the Interest of J.R.) 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

In the Interest of J.R., 561 So. 2d 1324, 1990 Fla. App. LEXIS 3972, 1990 WL 70626 (Fla. Ct. App. 1990).

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Opinion

PER CURIAM.

We reverse on the grounds that pursuant to § 39.05(7), Fla. Stat. (1987), and Rule 8.180, Fla. R.Juv.P., the appellant should have been automatically discharged after being in custody for 90 days without an adjudication hearing. We disagree with the State that the 1989 amendment to Rule [1325]*13258.180, allowing the State additional time to bring a juvenile to an adjudication hearing after the filing of a motion to dismiss, applied to appellant where the amendment took effect after appellant’s right to automatic discharge arose.

Therefore, the trial court erred in denying appellant’s motion to dismiss.

REVERSED.

HERSEY, C.J., and GUNTHER and POLEN, JJ., concur.

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PER CURIAM.

We reverse on the grounds that pursuant to § 39.05(7), Fla. Stat. (1987), and Rule 8.180, Fla. R.Juv.P., the appellant should have been automatically discharged after being in custody for 90 days without an adjudication hearing. We disagree with the State that the 1989 amendment to Rule [1325]*13258.180, allowing the State additional time to bring a juvenile to an adjudication hearing after the filing of a motion to dismiss, applied to appellant where the amendment took effect after appellant’s right to automatic discharge arose.

Therefore, the trial court erred in denying appellant’s motion to dismiss.

REVERSED.

HERSEY, C.J., and GUNTHER and POLEN, JJ., concur.

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Bluebook (online)

561 So. 2d 1324, 1990 Fla. App. LEXIS 3972, 1990 WL 70626, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-the-interest-of-jr-fladistctapp-1990.