Dependency Law Finder

1. R.J.A. v. Foster 603 So. 2d 1167 · SC79296 · Florida Supreme Court 1992

   This opinion cites § 39.048 22 times, the section generally

   · cited by 23 in all courts

   …Gen., Tampa, for respondents. OVERTON, Justice. This cause is before this Court on the question of whether the legislature, by its enactment of section 39.048, Florida Statutes (1991), granted juveniles an absolute substantive right to be tried within ninety days, which would overrule our juvenile speedy trial rule…

2. State v. T.W. 679 So. 2d 69 · 4D95-2467 · 4th DCA 1996

   This opinion cites § 39.048 4 times, the section generally

   …promptly filed a motion to dismiss, alleging that the state failed to hold an adjudicatory hearing within ninety days of T.W.'s arrest as required by section 39.048, Florida Statutes (1993). The issue presented here is whether the state is entitled to the fifteen-day "window of recapture" period as provided by Florida…

3. State v. T.W. 679 So. 2d 69 · DCA95-2467 · District Court of Appeal 1996

   This opinion cites § 39.048 4 times, the section generally

   · cited by 7 in all courts

   …promptly filed a motion to dismiss, alleging that the state faded to hold an adjudicatory hearing within ninety days of T.W.’s arrest as required by section 39.048, Florida Statutes (1998). The issue presented here is whether the state is entitled to the fifteen-day “window of recapture” period as provided by Florida…

4. R.G. v. State 647 So. 2d 282 · 3D93-04006 · 3rd DCA 1994

   This opinion cites § 39.048 4 times, the section generally

   …hearing on October 28, 1993, R.G. orally moved to dismiss the petition on the ground it was not filed within the forty-five day statutory period of section 39.048(6), Florida Statutes (1991). 1 The trial court denied the motion to dismiss, finding it untimely under Florida Rule of Juvenile Procedure 8.085(a)(5), which…

5. Monroe v. State 978 So. 2d 177 · 2D05-5502 · 2nd DCA 2007

   This opinion cites § 39.048 3 times, the section generally

   · cited by 5 in all courts

   …upon, R.J.A. v. Foster, 603 So.2d 1167 (Fla.1992). In R.J.A., the Florida Supreme Court considered whether the ninety-day time limitation in section 39.048(7), Florida Statutes (1991), for holding an adjudicatory hearing on a petition for juvenile delinquency could be extended by the operation of the speedy trial…

6. Gilbert v. K-Mart Corp. 664 So. 2d 335 · 1D93-657 · 1st DCA 1995

   This opinion cites § 39.048 2 times, the section generally

   · cited by 5 in all courts

   …v. Foster, 603 So.2d 1167 (Fla. 1992), is helpful. In R.J.A., the supreme court addressed the substantive/procedural dilemma in the context of section 39.048, Florida Statutes (1991), in conjunction with its Rule of Juvenile Procedure 8.180, in an effort to determine whether section 39.048 granted juveniles an…

7. P.S. v. State 658 So. 2d 92 · SC84330 · Florida Supreme Court 1995

   This opinion cites § 39.048 2 times, the section generally

   …603 So.2d 1167 (Fla. 1992), in which this Court held that the ninety-day speedy trial period in juvenile delinquency proceedings, as provided for in section 39.048(6), Florida Statutes (1991), [4] is "a triggering mechanism" and not an absolute right. The Court ultimately approved the window period provided by rule…

8. M.H. v. State 637 So. 2d 25 · 4D93-0995 · 4th DCA 1994

   This opinion cites § 39.048 2 times, the section generally

   · cited by 1 in all courts

   …his motion for discharge, arguing that the state failed to file the petition within 45 days of the date he was “taken into custody” as required by section 39.048(6), Florida Statutes, as then in effect. Appellant asserts that he was, in fact, “taken into custody” on the date the offense was committed. At the hearing on…

9. State v. C.S. 636 So. 2d 109 · DCA93-2274 · District Court of Appeal 1994

   This opinion cites § 39.048 2 times, the section generally

   …was taken into custody on May 18, the 45-day rule was no longer in effect. In 1993, the Florida Legislature eliminated the following language from section 39.048: On motions by or in behalf of a child, a petition alleging delinquency shall be dismissed with prejudice if it is not filed within 45 days after the date…

10. State v. C.J.A. 629 So. 2d 300 · DCA93-01416 · District Court of Appeal 1993

    This opinion cites § 39.048 2 times, the section generally

    · cited by 1 in all courts

    … *301 The trial court granted the appellee’s motion and entered an order dismissing the petition with prejudice. This timely appeal followed. Section 39.048(6), Florida Statutes (1991), provides: “[A] petition alleging delinquency shall be dismissed with prejudice if it is not filed within 45 days after the date the…

11. State v. Y.H. 622 So. 2d 1159 · DCA92-03540 · District Court of Appeal 1993

    This opinion cites § 39.048 2 times, the section generally

    · cited by 1 in all courts

    …Y.H. for a lewd and lascivious act on a child under sixteen. The state correctly contends that the trial court erred in dismissing the charge based on section 39.048(6), Florida Statutes (1991), the juvenile “speedy file” rule. Section 39.048(6), Florida Statutes (1991), provides: “On motions by or in behalf of a child, a…

12. State v. J.C. 677 So. 2d 959 · 2D95-04399 · 2nd DCA 1996

    This opinion cites § 39.048 1 time, the section generally

    … SCHOONOVER and BLUE, JJ., concur. NOTES [1] While not pertinent to our holding in this case, we would observe that the legislature repealed section 39.048(6), Florida Statutes (1991), providing for dismissal if a delinquency filing did not occur within forty-five days of a juvenile being taken into custody. Ch.…

13. State v. J.C. 677 So. 2d 959 · DCA95-04399 · District Court of Appeal 1996

    This opinion cites § 39.048 1 time, the section generally

    · cited by 2 in all courts

    …petition. SCHOONOVER and BLUE, JJ., concur. . While not pertinent to our holding in this case, we would observe that the legislature repealed section 39.048(6), Florida Statutes (1991), providing for dismissal if a delinquency filing did not occur within forty-five days of a juvenile being taken into custody. Ch.…

14. T.B. v. State 669 So. 2d 1085 · 4D94-1663 · 4th DCA 1996

    This opinion cites § 39.048 1 time, the section generally

    · cited by 16 in all courts

    … 365 So.2d 701 (Fla.1978); R.F.R. v. State, 558 So.2d 1084 (Fla. 1st DCA 1990). Further, that issue cannot be resolved on this record: former section 39.048(6), Florida Statutes, required that a petition be filed within 45 days of a juvenile being taken into custody, but we cannot determine here precisely when…

15. In Interest of D.F. 622 So. 2d 1102 · 1D92-3529 · 1st DCA 1993

    This opinion cites § 39.048 1 time, the section generally

    · cited by 9 in all courts

    …Florida law addresses such due process considerations by providing that parents be informed of a right to counsel at each stage of a dependency proceeding. § 39.048(2)(a); Fla.R.Juv.P. 8.320; In the Interest of S.N.D. and J.D., 605 So.2d 1340 (Fla. 2d DCA 1992); In the Interest of D.P., 595 So.2d 62, 64 (Fla. 1st…

16. Y.S. v. State 620 So. 2d 245 · DCA92-1945 · District Court of Appeal 1993

    This opinion cites § 39.048 1 time, the section generally

    · cited by 4 in all courts

    …to rescind the nolle prosequi. *246 Because the nolle prosequi was announced more than forty-five days after the child was taken into custody, section 39.048(6), Florida Statutes (1991), precluded the refiling of the delinquency petition.. See State v. Vazquez, 450 So.2d 203 (Fla.1984) (entry of nolle prosequi…

17. T.J. v. State 619 So. 2d 425 · 1D93-262 · 1st DCA 1993

    This opinion cites § 39.048 1 time, the section generally

    …the juvenile can only be adjudged guilty of an act of delinquency, however. This is made abundantly clear in the following statutory provisions. Subsection 39.048(1), Florida Statutes (1991), provides that, "All proceedings seeking a finding that a child has committed a delinquent act or violation of law shall be…

18. T.J. v. State 619 So. 2d 425 · DCA93-262 · District Court of Appeal 1993

    This opinion cites § 39.048 1 time, the section generally

    · cited by 8 in all courts

    …the juvenile can only be adjudged guilty of an act of delinquency, however. This is made abundantly clear in the following statutory provisions. Subsection 39.048(1), Florida Statutes (1991), provides that, “All proceedings seeking a finding that a child has committed a delinquent act or violation of law shall be…

19. E.R. v. State 617 So. 2d 1149 · 2D92-00796 · 2nd DCA 1993

    This opinion cites § 39.048 1 time, the section generally

    …his motion for discharge for speedy trial violation. On the ninety-first day after being taken into custody, appellant filed a motion for discharge. Section 39.048, Florida Statutes (1991). The state had an additional fifteen days outside of the ninety-day period to bring this case to trial under Rule 8.090(j)(3),…

20. E.R. v. State 617 So. 2d 1149 · DCA92-00796 · District Court of Appeal 1993

    This opinion cites § 39.048 1 time, the section generally

    · cited by 1 in all courts

    …his motion for discharge for speedy trial violation. On the ninety-first day after being taken into custody, appellant filed a motion for discharge. Section 39.048, Florida Statutes (1991). The state had an additional fifteen days outside of the ninety-day period to bring this case to trial under Rule 8.090®(3), Florida…

21. E.D. v. State 590 So. 2d 1041 · DCA91-1679 · District Court of Appeal 1991

    This opinion cites § 39.048 1 time, the section generally

    …community control. Because we find no infirmity in the initial adjudication, we are able to affirm the later one without elaboration. . Section 39.048(6), Florida Statutes (Supp. 1990), provides: On motions by or in behalf of a child, a petition alleging delinquency shall be dismissed with prejudice if it is…

22. In re Amendments to Fla. Rules of Juv. Pro. 649 So. 2d 1370 · SC83165 · Florida Supreme Court 1995

    Rule amendment This opinion cites § 39.048 1 time, the section generally

    · cited by 2 in all courts

    …Fla. Const. The Committee proposes amendments to: (1) rule 8.090 (speedy trial), to implement changes pursuant to the 1993 legislature's deletion of section 39.048(6) from the Florida Statutes; (2) rule 8.095 (procedure when child believed to be incompetent or insane), to provide guidance in delinquency cases involving…

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