M.M. v. State, Department of Health & Rehabilitative Services

District Court of Appeal of Florida

M.M. v. State, Department of Health & Rehabilitative Services

679 So. 2d 39, 1996 Fla. App. LEXIS 8867

CourtDistrict Court of Appeal of Florida

DecidedAugust 16, 1996

DocketNo. 94-03361

StatusPublished

Cited by1 cases

This text of 679 So. 2d 39 (M.M. v. State, 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.

Bluebook

M.M. v. State, Department of Health & Rehabilitative Services, 679 So. 2d 39, 1996 Fla. App. LEXIS 8867 (Fla. Ct. App. 1996).

Pincite

Opinion

DANAHY, Acting Chief Judge.

The father of a seven-year-old girl has filed a notice of appeal seeking reversal of an order returning the child to the custody of her mother.

The child was declared to be a dependent child on March 23,1993. Thus the trial court retains jurisdiction until the child reaches eighteen years of age, unless jurisdiction is relinquished by order of the trial court. § 39.40(2), Fla. Stat. (1993). The trial court has not relinquished jurisdiction in this case.

The nonfinal order is not an appeal-able nonfinal order under Florida Rule of Appellate Procedure 9.130(a)(3). However, we believe that such an order may be reviewed by writ of certiorari. We treat the father’s notice of appeal as a petition for writ of certiorari. Fla. R.App. P. 9.040(e). Finding no departure from the essential requirements of law, we deny the petition.

Petition denied.

PATTERSON and ALTENBERND, JJ., concur.

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