FLORIDA DEPARTMENT OF CHILDREN AND FAMILIES,
v.
STATE OF FLORIDA, ET AL.,
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The Florida Department of Children and Families (DCF) petitioned for a writ of certiorari to quash a trial court order compelling it to provide mental health treatment to an inmate. The appellate court granted the petition, finding the order violated due process because it was issued without adequate notice to DCF.
Yes, the trial court's order violated due process by granting relief not requested or noticed for hearing. Therefore, the order is quashed.
[1] A trial court order compelling a non-party to provide mental health treatment in jail to an inmate adjudicated incompetent to proceed may be quashed by writ of certiorari…
[2] A trial court order granting relief not requested or noticed for hearing by any party violates due process.
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This quote establishes the legal principle that issuing orders without proper notice violates due process.
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Join FLexlaw to unlock all legal intelligenceThe trial court issued an order compelling the Department of Children and Families (DCF) to arrange mental health treatment for an inmate adjudicated …
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PER CURIAM.
The Department of Children and Families (the “Department”), a non-party to the proceedings below, petitions for a writ of certiorari quashing the trial court’s order compelling it to arrange for the provision of mental health treatment in jail to an inmate adjudicated incompetent to proceed. We find the trial court was not authorized to issue this order without adequate notice and therefore grant the petition and quash the trial court’s order. The Department contends that certiorari relief is warranted as the trial court’s order is a departure from the essential requirements of the law that causes it irreparable harm, for which it has no adequate remedy on appeal. See Dep’t of Children & Families v. Morrison, 727 So. 2d 404, 405 (Fla. 3d DCA 1999) (granting writ of certiorari where Department, non-party to underlying criminal case, would suffer irreparable harm and had no other adequate remedy). The trial court’s order granted relief that was not requested or noticed for hearing by either party.1 See Fed. Nat’l Mortg. Ass’n v. Blocker, 728 So. 2d 306, 307 (Fla. 1st DCA 1999); Kerrigan, Estess, Rankin & McLeod v. State, 711 So. 2d 1246, 1248-49 (Fla. 4th DCA 1998), and the cases cited therein. “We have previously held that ‘the granting
of relief, which is not sought by the notice of hearing or which expands the scope of a hearing and decides matters not noticed for hearing, violates due process.’” Afanasiev v. Alvarez, 45 Fla. L. Weekly D442, D442 (Fla. 3d DCA Feb. 26, 2020) (quoting Lapciuc v. Lapciuc, 275 So. 3d 242, 245 (Fla. 3d DCA 2019)); see also Mizrahi v. Mizrahi, 867 So. 2d 1211, 1213 (Fla. 3d DCA 2004) (“Due process protections prevent a trial court from deciding matters not noticed for hearing and not the subject of appropriate pleadings.”). This denial of due process constitutes a departure from the essential requirements of law, for which the Department has no adequate remedy on appeal. The order is therefore quashed, and the case is remanded to the trial court for further proceedings.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Fla. Dep't of Child. & Families v. State, 45 Fla. L. Weekly D442 (Fla. 3d DCA 2020)
Authorities Cited
- Mizrahi v. Noemi Mizrahi, 867 So. 2d 1211 (Fla. 3d DCA 2004)
- Kerrigan v. State, 711 So. 2d 1246 (Fla. 4th DCA 1998)
- State v. Morrison, 727 So. 2d 404 (Fla. 3d DCA 1999)
- Fed. Nat'l Mortg. Ass'n v. Blocker, 728 So. 2d 306 (Fla. 1st DCA 1999)
- Lapciuc v. Lapciuc, 275 So. 3d 242 (Fla. 3d DCA 2019)
- Fla. Dep't of Child. & Families v. State, 45 Fla. L. Weekly D442 (Fla. 3d DCA 2020)