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GERRY v. AULLS

No. 84-573.

457 So.2d 598 (1984)

Marjorie Mae GERRY, Petitioner, v. The Honorable Ernest C. AULLS, Jr., Circuit Judge, Respondent.

District Court of Appeal of Florida, Fifth District.

October 18, 1984.

Attorney(s) appearing for the Case

Stephen G. Birr, Tavares, for petitioner.

Jim Smith, Atty. Gen. and Louis F. Hubener, Asst. Atty. Gen., Tallahassee, for respondent Honorable Ernest C. Aulls, Jr.

Robert Q. Williams of Smith & Williams, Tavares, for Dept. of Health and Rehabilitative Services.

Ellen Irene Hoffenberg, Guardian Ad Litem Program, Tallahassee.

SHARP, Judge.

This petition for issuance of a common law writ of certiorari1 presents the question of whether the trial court departed from the essential requirements of law in denying Gerry's motion to require the Department of Health and Rehabilitative Services (HRS) to enter into a performance agreement with the view of her re-obtaining custody of her son. The child had been adjudicated to be a dependent child. We ruled in In Re...

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