DEPARTMENT OF CHILDREN AND FAMILIES v. STATE ATTORNEY FOURTH JUDICIAL CIRCUIT (2022)

District Court of Appeal of Florida, First District.

DEPARTMENT OF CHILDREN AND FAMILIES, Appellant, v. STATE ATTORNEY, FOURTH JUDICIAL CIRCUIT; and Cavan Martin McDaniel, Appellees.

No. 1D21-3189

Decided: July 27, 2022

Andrew J. McGinley, Acting General Counsel, Department of Children and Families, Tallahassee, for Appellant. Charlie Cofer, Public Defender, and Elizabeth Hogan Webb, Assistant Public Defender, Jacksonville, for Appellee Cavan Martin McDaniel. Ashley Moody, Attorney General, Tallahassee, for Appellee State Attorney, Fourth Judicial Circuit.

This is a companion case to Department of Children & Families v. State Attorney, Fourth Judicial Circuit, 1D21-2815 (Fla. 1st DCA 2022), involving an order of contempt against the Department for failing to timely transport a criminal defendant to a mental health treatment facility. We redesignate this case from a petition seeking extraordinary relief to an appeal and conclude that the order fails to satisfy the legal requirements of either civil or indirect criminal contempt, for the same basic reasons set forth in Department of Children & Families v. State Attorney, Fourth Judicial Circuit, 1D-21-2815.

Accordingly, we reverse the order of contempt and remand.

Per Curiam.

Rowe, C.J., and B.L. Thomas and Osterhaus, JJ., concur.

Was this helpful?

Why was this helpful?

Easy to understand

Solved my problem

Other

Why was this not helpful?

Missing the information I need

Too complicated / too many steps

Out of date

Other

Thank you for your feedback!

Trusted by Consumers. Recognized by AI.

As the largest network of trusted legal brands, we help firms build authority across the platforms consumers and AI systems rely on most. Our network helps attorneys strengthen visibility, credibility, and preference where legal decisions begin.

Explore the Network