Dependency Law Finder

Florida's dependency statutes, court rules and DCF operating procedures, with the appellate opinions that apply them

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J.W. v. Department of Children & Families812 So. 2d 599 (Fla. 5th DCA 2002) · 5D01-2736

Court
5th DCA
Decided
2002-04-05
On CourtListener
812 So.2d 599 (2002)

J.W., Father of K.W., J.L., and C.H., Children, Appellant,
v.
DEPARTMENT OF CHILDREN AND FAMILIES, Appellee.

No. 5D01-2736.

District Court of Appeal of Florida, Fifth District.

April 5, 2002.

Madonna H. Whittaker, Altamonte Springs, for Appellant.

James A. Sawyer, Jr., Department of Children and Families, Kissimmee, for Appellee.

PER CURIAM.

AFFIRMED. See State v. Osborne, 781 So.2d 1137, 1139-40 (Fla. 5th DCA 2001). ("With respect to time-limit statutes the general rule is that requirements relating to the time within which an act must be done are directory rather than mandatory or jurisdictional, unless a contrary intent is clearly expressed ... a proper test of legislative intent is to focus on the likely consequences of holding a particular time limitation mandatory, in an attempt to ascertain *600 whether those consequences would defeat or promote the purpose of the enactment.") (quoting People v. Curtis, 177 Cal.App.3d 982, 223 Cal.Rptr. 397, 399 (1986)).

SHARP, W., PALMER and ORFINGER, R. B., JJ., concur.

Opinion text: CourtListener, Free Law Project. Not an official reporter; check the court's version before citing.