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CW v. Currie

Citations: 962 So. 2d 976; 2007 WL 2174957Docket: 1D07-2629

Court: District Court of Appeal of Florida; July 31, 2007; Florida; State Appellate Court

Narrative Opinion Summary

C.W., a minor, filed a petition for a writ of habeas corpus against Michael Currie, Director of Okaloosa Youth Academy, and the State of Florida, arguing that the Volusia County Circuit Court lacked jurisdiction to commit him to the custody of the Department of Juvenile Justice. The court noted that C.W. did not file a timely appeal of the commitment order, leading to a conclusion that the petition was procedurally barred. The court rejected C.W.'s reliance on case precedents, specifically Alachua Regional Juvenile Detention Center v. T.O. and Murray v. Regier, stating that those cases involved petitioners who were not detained under an appealable lower tribunal order. Ultimately, the court determined it lacked jurisdiction and dismissed the petition. Judges Barfield, Allen, and Hawkes concurred with the decision.

Legal Issues Addressed

Court's Determination of Jurisdiction

Application: The court ultimately determined that it lacked jurisdiction over the petition.

Reasoning: Ultimately, the court determined it lacked jurisdiction and dismissed the petition.

Distinguishing Case Precedents for Habeas Corpus

Application: C.W.'s reliance on certain case precedents was rejected since those cases involved different circumstances regarding detainment under an appealable order.

Reasoning: The court rejected C.W.'s reliance on case precedents, specifically Alachua Regional Juvenile Detention Center v. T.O. and Murray v. Regier, stating that those cases involved petitioners who were not detained under an appealable lower tribunal order.

Jurisdiction of Circuit Court Over Juvenile Commitment

Application: The case addresses whether the Volusia County Circuit Court had jurisdiction to commit C.W. to the custody of the Department of Juvenile Justice.

Reasoning: C.W., a minor, filed a petition for a writ of habeas corpus against Michael Currie, Director of Okaloosa Youth Academy, and the State of Florida, arguing that the Volusia County Circuit Court lacked jurisdiction to commit him to the custody of the Department of Juvenile Justice.

Procedural Bar Due to Untimely Appeal

Application: The court found C.W.'s petition procedurally barred due to his failure to file a timely appeal of the commitment order.

Reasoning: The court noted that C.W. did not file a timely appeal of the commitment order, leading to a conclusion that the petition was procedurally barred.