ROBERT PATTERSON AND KATHY PATTERSON, APPELLANTS,
v.
DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES, ET AL., APPELLEES

Fla. 3d DCA | 1989-09-27
No. 89-2190
Before SCHWARTZ, C.J., and BASKIN and FERGUSON, JJ.
548 So. 2d 1200 Florida District Court of Appeal, Third District (1989) Positive Treatment
Cited by 4 cases

Opinion of the Court
PER CURIAM.

[*1201] PER CURIAM.

The petition for writ of habeas corpus is treated as an appeal, pursuant to section 39.413(1), Florida Statutes (1987), from an order denying the petitioner-parents’ motion for release of their child from shelter care. Since the order, rendered upon a hearing on September 14, 1989, is supported neither by findings nor evidence of the criteria required for the continuation of shelter care under section 39.402(8)(a), the order is reversed. Upon remand the trial court is directed forthwith to enter an order terminating shelter placement and returning custody of the child to his parents.

Rehearing is dispensed with.


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  • LET Miami Beach Decide v. City OF Miami Beach, 120 So. 3d 1282 (Fla. 3d DCA 2013)
    …in this pre-election challenge to ballot language. . In view of the time-sensitive nature of this matter, rehearing is dispensed with. See Miranda v. Ortega, 117 So. 3d 1125 (Fla. 3d DCA 2012); Patterson v. Dep’t of Health & Rehabilitative Servs., 548 So. 2d 1200, 1201 (Fla. 3d DCA 1989); Metro. Dade Cnty. v. Lehtinen, 528 So. 2d 394, 395 n. 3 (Fla. 3d DCA 1988); Kobrin, 528 So. 2d at 393 n. 4 (Fla. 3d DCA 1988).…
  • Grigley v. The Dep't OF Health & Rehabilitative Servs., 625 So. 2d 132 (Fla. 4th DCA 1993)
    …PER CURIAM. We treat this petition for habeas corpus as an appeal under section 39.413(1), Florida Statutes (1991), see Patterson v. Department of Health and Rehabilitative Services, 548 So. 2d 1200 (Fla. 3d DCA 1989), and reverse.1 This is an appeal from a detention order placing appellant’s infant daughter in temporary shelter care through the Department of Health and Rehabilitative Services. At the detention hearing, which lasted less than…

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