DARRIN MCGILLIS, APPELLANT,
v.
DEPARTMENT OF CHILDREN AND FAMILY SERVICES, APPELLEE
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
Darrin McGillis appealed a decision by the Department of Children and Family Services, but the Florida District Court of Appeal, Third District, treated the appeal as a petition for writ of certiorari and denied it, citing the court's inherent power to control its proceedings and prevent abuse of the judicial system.
The court denied the petition for writ of certiorari, affirming that courts possess inherent power to control their proceedings, protect the rights of parties and witnesses, and prevent abuse of the judicial system.
[1] Courts possess inherent power to control their proceedings to preserve order, protect rights, and further the administration of justice.
[2] Courts may exercise inherent authority to prevent abuse of the judicial system by barring parties from filing further proceedings when their conduct substantially interfe…
Previewing 2 of 4 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“A court has the inherent power to control the conduct of its own proceedings in order to preserve order and decorum in the courtroom, to protect the rights of parties and witnesses, and to generally further the administration of justice.”
Establishes the foundational principle of inherent court authority underlying the court's decision to deny the petition.
Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceThe opinion does not provide specific factual details about McGillis's underlying case or the circumstances that gave rise to the appeal. The court's …
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Administration Of Justice cases and more on FLexlaw
PER CURIAM.
We treat this appeal as a petition for writ of certiorari and the petition is denied. See S.Y. v. McMillan, 563 So. 2d 807 (Fla. 1st DCA 1990)(“A court has the inherent power to control the conduct of its own proceedings in order to preserve order and decorum in the courtroom, to protect the rights of parties and witnesses, and to generally further the administration of justice.”); State ex rel. Gore Newspapers Co. v. Tyson, 313 So. 2d 777 (Fla. 4th DCA 1975).
See also Petition of Florida Bar, 61 So. 2d 646 (Fla.1952)(“[R]egularly constituted courts have the power to do anything that is reasonably necessary to administer justice within the scope of its jurisdiction, but not otherwise. Inherent power has to do with the incidents of' litigation, control of the court’s process and procedure, control of the conduct of its officers and the preservation of order and decorum with reference to its proceedings.”); In re Public Defender’s Certification of Conflict and Motion to Withdraw Due to Excessive Case Load and Motion for Writ of Mandamus, — So. 2d -, 1998 WL 57508 (Fla. 2d DCA 1998)(“Where litigants or attorneys have substantially interfered with the orderly process of judicial administration, courts may, and should, exercise their inherent authority to prevent abuse of the judicial system by, among other things, barring the offending party from filing further proceedings.”), approved, 709 So. 2d 101 (Fla.1998); Attwood v. Singletary, 661 So. 2d 1216 (Fla.1995); Huffman v. State, 693 So. 2d 570 (Fla. 2d DCA 1996); Dennis v. State, 685 So. 2d 1373 (Fla. 3d DCA 1996); Holmes v. State, 669 So. 2d 360 (Fla. 5th DCA 1996); Isley v. State, 652 So. 2d 409 (Fla. 5th DCA 1995); Birge v. State, 620 So. 2d 234 (Fla. 1st DCA 1993).
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Alfonzo Edwards v. State, 760 So. 2d 226 (Fla. 5th DCA 2000)…364-366, 114 S.Ct. 1606, 128 L.Ed.2d 332 (1994); Isley v. State, 652 So. 2d 409 (Fla. 5th DCA 1995); Lau v. State, 717 So. 2d 574 (Fla. 5th DCA), rev. dismissed, 727 So. 2d 907 (Fla.1998). See also McGillis v. Department of Children & Family Servs., 738 So. 2d 1023 (Fla. 3d DCA 1999). AFFIRMED. PETERSON and GRIFFIN, JJ„ concur.…
-
Labovick v. State, 958 So. 2d 1065 (Fla. 4th DCA 2007)…. 5th DCA 2000). However, as the undisputed calculations show, [*1069] removing the .2 points for the DUI conviction would have a de minimis effect on the defendant’s twelve-year sentence, such that no new sentencing is required. See Colon v. State, 738 So. 2d 1023 (Fla. 4th DCA 1999) (holding that claim for re-sentencing based on corrected scoresheet was without merit “as the new score remains in the same bracket and is essentially de minimis ”); Sanders v. State, 621 So. 2d 723, 728 (Fla. 5th DCA 1993) (same…
-
Gill v. State, 815 So. 2d 714 (Fla. 4th DCA 2002)…ng a claim pursuant Heggs v. State, 759 So. 2d 620 (Fla.2000). This affirmance is without prejudice to appellant to present the double jeopardy claim, raised for the first time on direct appeal, to the trial court for resolution. See Colon v. State, 738 So. 2d 1023 (Fla. 4th DCA 1999) (conviction for one count of misdemeanor DUI reversed because a charge of misdemeanor DUI “is a lesser included offense of DUI with an accident,” which would allow a defendant to be sentenced twice for the same offense). POLEN,…
Previewing 3 of 5 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Isley v. State, 652 So. 2d 409 (Fla. 5th DCA 1995)
- Attwood v. Singletary, 661 So. 2d 1216 (Fla. 1995)
- State of Fla. ex rel. Gore Newspapers Co. & Margaret Ann Croxton v. The Honorable Robert W. Tyson, Jr., 313 So. 2d 777 (Fla. 4th DCA 1975)
- Huffman v. State, 693 So. 2d 570 (Fla. 2d DCA 1996)
- Dennis v. State, 685 So. 2d 1373 (Fla. 3d DCA 1996)
- Jimi L. Birge v. State, 620 So. 2d 234 (Fla. 1st DCA 1993)
- Petition of Florida Bar, 61 So.2d 646 (Fla. 1952)
- Holmes v. State, 669 So. 2d 360 (Fla. 5th DCA 1996)
- Albritton v. State, 709 So. 2d 101 (Fla. 1998)
- S.Y. v. McMILLAN, 563 So. 2d 807 (Fla. 1st DCA 1990)