Dependency Law Finder

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

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B.P. v. State588 So. 2d 39 (Fla. 5th DCA 1991) · 5D91-2097

Court
5th DCA
Decided
1991-10-24
Law cited
§ 39.043(1)
On CourtListener
588 So.2d 39 (1991)

B.P., A Child, Petitioner,
v.
STATE of Florida, et al., Respondents.

No. 91-2097.

District Court of Appeal of Florida, Fifth District.

October 24, 1991.

Timothy Daniel, Asst. Public Defender, Holly Hill, for petitioner.

Robert A. Butterworth, Atty. Gen., Tallahassee, Anthony J. Golden, Asst. Atty. Gen., and Ellen D. Phillips, Asst. Dist. Legal Counsel, Daytona Beach, for respondents.

DIAMANTIS, Judge.

B.P. petitions for a writ of habeas corpus, contending that he can not be punished for indirect criminal contempt by incarceration in the juvenile detention center for his failure to comply with a court order. B.P. argues that section 39.043(1) of the Florida Statutes (1990) prohibits the use of a secure detention facility as a sanction for contempt, relying upon T.D.L. v. Chinault, 570 So.2d 1335 (Fla. 2d DCA 1990). We reject this argument and deny the petition for writ of habeas corpus. See A.A. v. Rolle, 580 So.2d 282 (Fla. 3d DCA 1991). See also In the Interest of T.S., 585 So.2d 498 (Fla. 1st DCA 1991); In the Interest of R.A., 575 So.2d 807 (Fla. 4th DCA 1991). We certify conflict with Chinault.

Petition Denied.

COBB and COWART, JJ., concur.

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