A.D. v. Department of Children & Families

District Court of Appeal of Florida

A.D. v. Department of Children & Families

201 So. 3d 13, 2013 WL 3742775, 2013 Fla. App. LEXIS 11301

CourtDistrict Court of Appeal of Florida

DecidedJuly 17, 2013

DocketNo. 3D13-0800

StatusPublished

This text of 201 So. 3d 13 (A.D. v. Department of Children & Families) 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.

Bluebook

A.D. v. Department of Children & Families, 201 So. 3d 13, 2013 WL 3742775, 2013 Fla. App. LEXIS 11301 (Fla. Ct. App. 2013).

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Opinion

SUAREZ, J.

The Appellant, A.D., as the father of Ke.Q., seeks to reverse the trial court’s final judgment terminating the parental rights of Ke.Q.’s mother. The Appellant argues that he was denied due process when the trial court refused to appoint counsel for him at the Mother’s termination of parental rights proceedings and as a result, he was also denied his right to be heard at her trial.

Florida Rule of Appellate Procedure 9.146 permits “any parent ... to the proceeding affected by an order of the lower tribunal” to appeal the final judgment. (Emphasis added). “[I]ndividuals who were ‘not parties to the proceedings below,’ lack standing to bring an appeal.” [14]*14R.H. v. Dep’t of Children & Family Servs., 994 So.2d 1153, 1155 (Fla. 3d DCA 2008) (quoting C.M. v. Dep’t of Children & Families, 981 So.2d 1272, 1272 (Fla. 1st DCA 2008)). The Appellant was not affected by the order of the lower tribunal terminating the Mother’s parental rights. Although the Appellant was a party to Ke.Q.’s dependency proceeding, he was not a party to the Mother’s termination of parental rights proceeding. Therefore, he lacks standing to seek reversal.

We dismiss the Appellant’s appeal for lack of standing.

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SUAREZ, J.

The Appellant, A.D., as the father of Ke.Q., seeks to reverse the trial court’s final judgment terminating the parental rights of Ke.Q.’s mother. The Appellant argues that he was denied due process when the trial court refused to appoint counsel for him at the Mother’s termination of parental rights proceedings and as a result, he was also denied his right to be heard at her trial.

Florida Rule of Appellate Procedure 9.146 permits “any parent ... to the proceeding affected by an order of the lower tribunal” to appeal the final judgment. (Emphasis added). “[I]ndividuals who were ‘not parties to the proceedings below,’ lack standing to bring an appeal.” [14]*14R.H. v. Dep’t of Children & Family Servs., 994 So.2d 1153, 1155 (Fla. 3d DCA 2008) (quoting C.M. v. Dep’t of Children & Families, 981 So.2d 1272, 1272 (Fla. 1st DCA 2008)). The Appellant was not affected by the order of the lower tribunal terminating the Mother’s parental rights. Although the Appellant was a party to Ke.Q.’s dependency proceeding, he was not a party to the Mother’s termination of parental rights proceeding. Therefore, he lacks standing to seek reversal.

We dismiss the Appellant’s appeal for lack of standing.

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Bluebook (online)

201 So. 3d 13, 2013 WL 3742775, 2013 Fla. App. LEXIS 11301, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ad-v-department-of-children-families-fladistctapp-2013.

Opinion

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