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DEPT. OF CHILDREN & FAMILY SERVICES v. BIRCHFIELD

No. 97-3953.

718 So.2d 202 (1998)

STATE of Florida, DEPARTMENT OF CHILDREN AND FAMILY SERVICES, Appellant, v. Richard BIRCHFIELD, Appellee.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied August 26, 1998.

Attorney(s) appearing for the Case

Carol A. Gart, Fort Lauderdale, and Gregory D. Venz, Tallahassee, for appellant.

Alan H. Schreiber, Public Defender, and Diane M. Cuddihy, Chief Assistant Public Defender, Fort Lauderdale, for appellee.

PER CURIAM.

We reverse the trial court's order holding the appellant, Department of Children and Family Services, in contempt for failing to place the appellee in the Mentally Retarded Defendant Program as previously ordered by the court. The trial court violated the separation of powers doctrine in considering the appellant's ability to move funds in order to comply with its mandate. See State Department of Health & Rehabilitative Servs. v. Brooke,

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