A.C. v. Florida Department of Children and Families, R.A., minor child and Adoptive Parents of R.A.
This text of 181 So. 3d 574 (A.C. v. Florida Department of Children and Families, R.A., minor child and Adoptive Parents of R.A.) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
Appellant seeks review of two trial court orders, one denying her emergency motion to stay the adoption of A.R., the other denying her motion to vacate the order terminating her parental rights as to A.R. We affirm the order denying the motion to stay the adoption, without further comment. We reverse the order denying the motion to vacate the order of terminationof parental rights “based on lack of standing.” See Fla. R. Juv. P. 8.270; see also Schleger v. Stebelsky, 957 So.2d 71 (Fla. 4th DCA 2007) (“motion for relief from judgment should not be summarily denied without an evidentiary hearing unless its allegations and accompanying affidavits fail to allege ‘colorable entitlement’ to relief’) (quoting Smith v. Smith, 903 So.2d 1044, 1045 (Fla. 5th DCA 2005)). We express no opinion as to whether any color-able entitlement to relief under rule 8.270 is shown.
Reversed and remanded.
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181 So. 3d 574, 2016 Fla. App. LEXIS 189, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ac-v-florida-department-of-children-and-families-ra-minor-child-and-fladistctapp-2016.