BEN J. SHEPPARD, DONALD E. STONE, AND DIXIE HERLONG CHASTAIN, AS JUDGES OF THE JUVENILE AND DOMESTIC RELATIONS COURT IN AND FOR DADE COUNTY, FLORIDA, APPELLANTS,
v.
CHARLES WILLIAMS, BY HIS MOTHER AND NEXT FRIEND, EMMA WILLIAMS SEYMOUR, FOR HIMSELF AND ALL OTHER PERSONS SIMILARLY SITUATED, APPELLEE
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This case involves an interlocutory appeal concerning the rights of indigent juveniles detained in a juvenile detention facility. The appellate court reversed the lower court's order denying a motion to dismiss, finding the issues moot as to the plaintiff and that he did not adequately represent the class he sought to represent.
The issues presented are moot as to the plaintiff because he has been discharged and all charges dismissed. Furthermore, the plaintiff does not adequately represent the members of the alleged class because his interest is no longer co-extensive with theirs.
“In an action for declaratory relief there must be an existing adverse interest.”
Establishes the legal requirement for a justiciable controversy in declaratory judgment actions.
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Join FLexlaw to unlock all legal intelligenceA minor, through his mother, filed a complaint seeking a declaration of rights for indigent juveniles detained in Dade County's Youth Hall. The reques…
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This is an interlocutory appeal from an order of the Circuit Court denying defendant’s motion to dismiss.
The plaintiff, a minor, through his next friend and as a member of a class which consists of indigent juveniles detained in Youth Hall, a juvenile detention facility in Dade County, filed a complaint seeking a declaration of their right to counsel, right to be advised of the choice of courts, right to be released pending trial, and right to be heard at a release hearing. Plaintiff also sought to enjoin the defendants from detaining the plaintiff and other members of the class without bail, and to require that counsel be provided and that they be advised of their constitutional rights.
In the complaint, it is admitted that the plaintiff had been discharged and all charges against him dismissed. In an action for declaratory relief there must be an existing adverse interest. Ashe v. City of Boca Raton, Fla.App.1961, 133 So.2d 122. The issues presented herein are moot as to the plaintiff. See In the Interest of T.W.P., Fla.1966, 192 So.2d 482, opinion filed December 7, 1966. Further, plaintiff does not adequately represent the members of the alleged class as his interest is no longer co-extensive with the interest of the other members. Port Royal, Inc. v. Conboy, Fla.App.1963, 154 So.2d 734; Rule 3.6, Florida Rules of Civil Procedure, 31 F.S.A.
In view of our decision the other points raised on appeal were not considered.
The order of the Circuit Court is reversed and the cause dismissed.
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Syna v. Shell OIL Co., 241 So. 2d 458 (Fla. 3d DCA 1970)…as a member of the alleged class of credit card holders of the said Defendant * * It is our opinion that the trial court made a correct disposition of the cause and that the judgment appealed should be affirmed. Sheppard v. Williams, Fla.App.1966, 193 So. 2d 191. Affirmed.…
Authorities Cited
- Port Royal, Inc. v. Conboy, 154 So. 2d 734 (Fla. 2d DCA 1963)
- Ashe v. City OF Boca Raton, 133 So. 2d 122 (Fla. 2d DCA 1961)
- In the Interest of T. W. P., 192 So. 2d 482 (Fla. 1966)