DEPARTMENT OF CHILDREN AND FAMILIES v. ROSS (2019)

District Court of Appeal of Florida, Fifth District.

DEPARTMENT OF CHILDREN AND FAMILIES, Petitioner, v. Randy Doyle ROSS, Jr. and State of Florida, Respondents.

Case No. 5D18-2471

Decided: February 01, 2019

Joyce L. Miller, Assistant Regional Counsel, of Department of Children and Families, Tavares, for Petitioner. Ashley B. Moody, Attorney General, Tallahassee, and Douglas T. Squire, Assistant Attorney General, Daytona Beach, for Respondent, State of Florida. No Appearance for Respondent, Randy Doyle Ross, Jr.

The Department of Children and Families (DCF) petitions this Court for certiorari review, challenging the circuit court's order committing Randy Doyle Ross, Jr., to their care. DCF argues the order departs from the essential requirements of law because Ross does not meet the statutory requirements for commitment. See § 916.13, Fla. Stat. (2018). The State properly concedes error.¹ Accordingly, we grant the writ, quash the order under review, and remand for further proceedings. See Dep't of Child. & Fams. v. Lotton, 172 So.3d 983, 987 (Fla. 5th DCA 2015) (“[B]ecause there was no evidence presented to the trial court to support the findings it made, the trial court departed from the essential requirements of the law by ordering commitment.”).

PETITION GRANTED; ORDER QUASHED.

FOOTNOTES

1. After examining Ross, Dr. Bursten concluded that he was not incompetent due to mental illness, but rather was pretending to be incompetent, otherwise known as “malingering.”

PER CURIAM.

ORFINGER, BERGER and GROSSHANS, JJ., concur.

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