Wellman v. State Dept. of Health and Rehabilitative Services, 90-501

• Decision Date: 11 April 1990
• Docket Number: No. 90-501,90-501
• Citation: 559 So.2d 707
• Parties: 15 Fla. L. Weekly D925 Clive R. WELLMAN and Margaret Ann Wellman, Petitioners, v. STATE of Florida, DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES, District 10 Administrator, and Honorable Kathleen A. Kearney, Judge, 17th Judicial Circuit, Respondents.
• Court: Florida District Court of Appeals

Page 707

559 So.2d 707

15 Fla. L. Weekly D925

Clive R. WELLMAN and Margaret Ann Wellman, Petitioners, v. STATE of Florida, DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES, District 10 Administrator, and Honorable Kathleen A. Kearney, Judge, 17th Judicial Circuit, Respondents.

No. 90-501.

District Court of Appeal of Florida,

Fourth District.

April 11, 1990.

Petitions for writ of mandamus and habeas corpus.

Clive R. Wellman, Miramar, pro se.

Patricia B. Wright, Fort Lauderdale, for respondent-State of Fla., Dept. of Health and Rehabilitative Services.

Robert A. Butterworth, Atty. Gen., and Walter M. Meginnis, Asst. Atty. Gen., Tallahassee, for respondent-Kathleen A. Kearney.

PER CURIAM.

We deny the petition for habeas corpus, and other extraordinary relief. Petitioners have failed to show an entitlement to habeas corpus in this case, particularly where they stipulated to the order of dependency which they now challenge. In Interest of M.S., 455 So.2d 557 (Fla. 4th DCA 1984). The petitioners also request relief pursuant to Florida Rule of Juvenile Procedure 8.830, but that relief must be addressed to the trial court first. As to the request for mandamus directed to the trial court to rule on several motions filed by petitioners, the record reflects that hearings have not been held, apparently because of the clerk's misfiling of documents. This furnishes no ground at this time for the issuance of an extraordinary writ.

WALDEN, STONE and WARNER, JJ., concur.