06-2620, 06-2605, 06-2604, & 06-2603 HADI V. CORDERO

State: Florida

Court: Florida Third District Court

Docket No: 06-2620, 06-2605, 06-2604, & 06-2603 HADI V. C

Case Date: 12/06/2006

Preview:NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DISPOSED OF.

IN THE DISTRICT COURT OF APPEAL OF FLORIDA THIRD DISTRICT JULY TERM, A.D. 2006

LUCY D. HADI, Secretary, Florida ** Department of Children and ** Families, Petitioner, vs. ** ENRIQUE CORDERO, DANIEL FONTECHA and EUGENE ROMAN, ** Respondents. ** CASE NOS. 3D06-2620 3D06-2605 3D06-2604 3D06-2603 LOWER TRIBUNAL NOS. 05-34325 06-2420 06-14865 06-33508

Opinion filed December 6, 2006. On Petitions for Writ of Certiorari to the Circuit Court for Miami-Dade County, Julio Jimenez, Dava Tunis, and Diane Ward, Judges. John J. Copelan, Jr., General Counsel, Department of Children and Families and John Anthony Raymaker, Assistant General Counsel (Tallahassee) and Karla Perkins, Assistant District Legal Counsel, for petitioner. Bennett H. Brummer, Public Defender and Valerie Jonas and John Eddy Morrison, Assistant Public Defenders; Charles J. Crist, Jr., Attorney General and Richard L. Polin, Assistant Attorney General; Katherine Fernandez Rundle, State Attorney and Angelica D. Zayas, Assistant State Attorney; Murray A. Greenberg, Miami-Dade County Attorney and Robert A. Duvall, Assistant County Attorney; Linda Kelly Kearson, General Counsel, Eleventh Judicial Circuit of Florida, for respondents.

Before FLETCHER, SHEPHERD, and SUAREZ, JJ. SUAREZ, J. The petitions Florida this Department court for of Children of and Families or, ("DCF") in the

writs

prohibition

alternative, certiorari, to quash the orders of three circuit court judges. Each order under review grants respondents'

petitions for writ of mandamus and directs DCF to take physical custody of respondents, each of whom has been declared mentally incompetent to stand trial, and places them in an appropriate forensic hospital facility for care and treatment to restore their competency this to stand for trial. writs of Respondents habeas alternatively for their

petition release.

court

corpus

We treat the petitions for writ of prohibition as

petitions for writ of certiorari. See Art. V,

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