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McCUTCHEON v. TRETTIS

No. 86-2797.

501 So.2d 710 (1987)

Barbara McCUTCHEON, f/k/a Barbara Clark, Petitioner, v. Honorable Thomas T. TRETTIS, As Acting Judge of the Circuit Court, Juvenile Division, Collier County, Florida, Respondent.

District Court of Appeal of Florida, Second District.

January 28, 1987.

Attorney(s) appearing for the Case

Isidro Garcia, Belle Glade, for petitioner.

Jim Smith, Atty. Gen., Tallahassee, and Theda R. James, Asst. Atty. Gen., Tampa, for respondent.

PER CURIAM.

This petition for writ of mandamus seeks to compel the respondent to honor a voluntary dismissal entered in a juvenile dependency proceeding. There is authority for the proposition that mandamus is a proper remedy. Wincor v. Turner, 215 So.2d 3 (Fla. 1968). However, since the lower court is continuing to exercise jurisdiction by proceeding toward an adjudicatory hearing, we will treat the petition as one seeking...

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