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Supreme Court of Florida


Everette v. Florida Dep't of Children & Families, SC05-1996

In proceedings arising from an individual's involuntary commitment, a decision of the district court below obligating the sheriff to coordinate and fund the transportation of all persons placed in a secure facility following the dismissal of criminal charges against them is quashed and remanded where: 1) the sheriff was a materially interested necessary party to the proceedings below, and the district court erred in failing to provide the sheriff notice and an opportunity to be heard before its decision; and 2) furthermore, the district court also erred in holding that the sheriff is responsible for transporting petitioner under Florida Statutes section 916.107(10).

Appellate Information

  • Decided 06/28/2007
  • Published 06/28/2007

Judges

  • PER CURIAM.

Court

  • Supreme Court of Florida

Counsel

  • For Appellant:
  • Bennett H. Brummer, Public Defender, and John Eddy Morrison, Assistant Public Defender, Eleventh Judicial Circuit, Miami, FL, for Petitioner.

  • For Appellees:
  • Bill McCollum, Attorney General, Tallahassee, Florida, Richard L. Polin, Criminal Appeals Bureau Chief, and Annette M. Lizardo, Assistant Attorney General, Miami, FL, and Amy McKeever Toman, Senior Attorney, Agency for Persons with Disabilities, Marianna, FL, for Respondents.
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