Legal Opinion

Department of Children & Family Services v. Ramos

District Court of Appeal of Florida

Decided March 2, 2012No. 2D11-4943PublishedCited by 3 opinions

1Opinion of the Court

DAVIS, Judge.

The Department of Children and Family Services (the Department) seeks certiorari review of the trial court’s order finding Manuel Ramos incompetent to proceed to trial on five felony counts and committing him to the custody of the Department for competency restoration training. Ramos concedes that he does not meet the statutory criteria for involuntary commitment. We agree and therefore conclude that the trial court departed from the essential requirements of law. As such, we grant the petition for writ of certiorari.

“As a general rule, certiorari is the proper vehicle for…

2Cases cited5 opinions

  1. Reeves v. Fleetwood Homes of Florida, Inc.Supreme Court of Florida · 2004
  2. In Re Commitment of ReillyDistrict Court of Appeal of Florida · 2007
  3. Department of Corrections v. GrubbsDistrict Court of Appeal of Florida · 2004
  4. Department of Children and Families v. HarterDistrict Court of Appeal of Florida · 2003
  5. Department of Children & Family Services v. AmayaDistrict Court of Appeal of Florida · 2009

3Cited by3 opinions

  1. Department of Children & Families v. LottonDistrict Court of Appeal of Florida · 2015
  2. Department of Children & Families v. DavisDistrict Court of Appeal of Florida · 2012
  3. Charles Vansmith v. State of FloridaDistrict Court of Appeal of Florida · 2018

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