OW v. Byrd
This text of 461 So. 2d 967 (OW v. Byrd) 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.
Opinion
O.W., a Child, Petitioner,
v.
James S. BYRD, Circuit Court Judge, Ninth Judicial Circuit, Respondent.
District Court of Appeal of Florida, Fifth District.
Joseph W. DuRocher, Public Defender, and Roger L. Weeden, Asst. Public Defender, Orlando, for petitioner.
Jim Smith, Atty. Gen., Tallahassee, and Brian W. Bayly, Asst. Atty. Gen., Daytona Beach, for respondent.
COWART, Judge.
The petition for prohibition is granted and the trial judge is prohibited from further proceedings on the petition for adjudication of delinquency which is based on the child's disregard of a court order. "While an adjudication of delinquency is not a permissible sanction under chapter 39 for a dependent child's disregard of a court order, the trial court still retains its inherent authority to punish for contempt, including, if necessary, placing the child in a secured detention facility for a reasonable period of time." A.O. v. State, 456 So.2d 1173 (Fla. 1984).
PETITION GRANTED.
ORFINGER and FRANK D. UPCHURCH, Jr., JJ., concur.
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461 So. 2d 967, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ow-v-byrd-fladistctapp-1984.