Opinion

D.M. v. State

  • 14 Fla. L. Weekly 618
  • 539 So. 2d 579
  • 1989 Fla. App. LEXIS 1186
  • 1989 WL 20678
Court
District Court of Appeal of Florida
Filed
Mar 9, 1989
Status
Published
Author
Cobb
On the bench
Cobb, Dauksch, Goshorn
Cited by
7 cases
Authority
More cited than 26.6%

trial court required to select among options presented by H.R.S.

How later courts described this case

  • trial court required to select among options presented by H.R.S.

Written by the judges who cited it.

The opinion

COBB, Judge,

dissenting.

The trial court did not order additional options from HRS and there is no statutory or precedential prohibition against the communication of suggestions or ideas to that body. HRS was not legally obligated to include a fourth option- in its report but elected to do so.

Section 39.09(3)(e), Florida Statutes (1987) is sufficiently frustrating to juvenile judges, as we have previously observed, 1 without further expansion of its restrictions by equating a verbal request with a court order.

. See N.L.J. v. Komanski, 527 So.2d 840 (Fla. 5th DCA 1988); State of Florida, Dep't of Health and Rehabilitative Services v. McGregor, 511 So.2d 1096 (Fla. 5th DCA 1987); and Dep't of Health and Rehabilitative Services v. R.S., 511 So.2d 434 (Fla. 5th DCA 1987) (J. Cowart, concurring specially).

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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