Sheppard v. Williams ex rel. Seymour

District Court of Appeal of Florida

Sheppard v. Williams ex rel. Seymour

193 So. 2d 191, 1966 Fla. App. LEXIS 4731

CourtDistrict Court of Appeal of Florida

DecidedDecember 27, 1966

DocketNo. 66-454

StatusPublished

Cited by1 cases

This text of 193 So. 2d 191 (Sheppard v. Williams ex rel. Seymour) 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

Sheppard v. Williams ex rel. Seymour, 193 So. 2d 191, 1966 Fla. App. LEXIS 4731 (Fla. Ct. App. 1966).

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Opinion

HENDRY, Chief Judge.

This is an interlocutory appeal from an order of the Circuit Court denying defendant’s motion to dismiss.

The plaintiff, a minor, through his next friend and as a member of a class which consists of indigent juveniles detained in Youth Hall, a juvenile detention facility in Dade County, filed a complaint seeking a declaration of their right to counsel, right to be advised of the choice of courts, right to be released pending trial, and right to be heard at a release hearing. Plaintiff also sought to enjoin the defendants from detaining the plaintiff and other members of the class without bail, and to require that counsel be provided and that they be advised of their constitutional rights.

In the complaint, it is admitted that the plaintiff had been discharged and all charges against him dismissed. In an action for declaratory relief there must be an existing adverse interest. Ashe v. City of Boca Raton, Fla.App.1961, 133 So.2d 122. The issues presented herein are moot as to the plaintiff. See In the Interest of T.W.P., Fla.1966, 192 So.2d 482, opinion filed December 7, 1966. Further, plaintiff does not adequately represent the members of the alleged class as his interest is no longer co-extensive with the interest of the other members. Port Royal, Inc. v. Conboy, Fla.App.1963, 154 So.2d 734; Rule 3.6, Florida Rules of Civil Procedure, 31 F.S.A.

In view of our decision the other points raised on appeal were not considered.

The order of the Circuit Court is reversed and the cause dismissed.

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HENDRY, Chief Judge.

This is an interlocutory appeal from an order of the Circuit Court denying defendant’s motion to dismiss.

The plaintiff, a minor, through his next friend and as a member of a class which consists of indigent juveniles detained in Youth Hall, a juvenile detention facility in Dade County, filed a complaint seeking a declaration of their right to counsel, right to be advised of the choice of courts, right to be released pending trial, and right to be heard at a release hearing. Plaintiff also sought to enjoin the defendants from detaining the plaintiff and other members of the class without bail, and to require that counsel be provided and that they be advised of their constitutional rights.

In the complaint, it is admitted that the plaintiff had been discharged and all charges against him dismissed. In an action for declaratory relief there must be an existing adverse interest. Ashe v. City of Boca Raton, Fla.App.1961, 133 So.2d 122. The issues presented herein are moot as to the plaintiff. See In the Interest of T.W.P., Fla.1966, 192 So.2d 482, opinion filed December 7, 1966. Further, plaintiff does not adequately represent the members of the alleged class as his interest is no longer co-extensive with the interest of the other members. Port Royal, Inc. v. Conboy, Fla.App.1963, 154 So.2d 734; Rule 3.6, Florida Rules of Civil Procedure, 31 F.S.A.

In view of our decision the other points raised on appeal were not considered.

The order of the Circuit Court is reversed and the cause dismissed.

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193 So. 2d 191, 1966 Fla. App. LEXIS 4731, Counsel Stack Legal Research, https://law.counselstack.com/opinion/sheppard-v-williams-ex-rel-seymour-fladistctapp-1966.

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