
    E.P., a juvenile, Appellant, v. The STATE of Florida, Appellee.
    No. 81-1412.
    District Court of Appeal of Florida, Third District.
    Dec. 6, 1983.
    Bennett H. Brummer, Public Defender, and Howard K. Blumberg, Asst. Public Defender, for appellant.
    Jim Smith, Atty. Gen., and William P. Thomas, Asst. Atty. Gen., for appellee.
    Before SCHWARTZ, C.J., and HUB-BART and BASKIN, JJ.
   PER CURIAM.

Because the state’s petition to adjudicate E.P. delinquent was filed 45 days after he was taken into custody, the order adjudicating E.P. delinquent must be reversed. § 39.05(6), Fla.Stat. (1980). Upon remand, the trial court may, within its discretion, determine whether fraud has been committed upon the court by the parties or by counsel and, through its contempt powers, punish accordingly.

Reversed and remanded with directions to vacate the order adjudicating E.P. delinquent.  