Dependency Law Finder

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

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In re J.R.561 So. 2d 1324 (Fla. Dist. Ct. App. 1990) · DCA89-2440

Court
District Court of Appeal
Decided
1990-05-30
Law cited
§ 39.05(7) · Rule 8.180 (earlier numbering, a different rule)
On CourtListener
PER CURIAM.

We reverse on the grounds that pursuant to § 39.05(7), Fla. Stat. (1987), and Rule 8.180, Fla. R.Juv.P., the appellant should have been automatically discharged after being in custody for 90 days without an adjudication hearing. We disagree with the State that the 1989 amendment to Rule *13258.180, allowing the State additional time to bring a juvenile to an adjudication hearing after the filing of a motion to dismiss, applied to appellant where the amendment took effect after appellant’s right to automatic discharge arose.

Therefore, the trial court erred in denying appellant’s motion to dismiss.

REVERSED.

HERSEY, C.J., and GUNTHER and POLEN, JJ., concur.

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