E.M.M. v. Dept. of Children & Families

District Court of Appeal of Florida

E.M.M. v. Dept. of Children & Families

706 So. 2d 953, 1998 Fla. App. LEXIS 2699

CourtDistrict Court of Appeal of Florida

DecidedMarch 18, 1998

DocketNo. 97-4273

StatusPublished

This text of 706 So. 2d 953 (E.M.M. v. Dept. 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.

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E.M.M. v. Dept. of Children & Families, 706 So. 2d 953, 1998 Fla. App. LEXIS 2699 (Fla. Ct. App. 1998).

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Opinion

PER CURIAM.

This appeal is dismissed for lack of jurisdiction. See G.L.S. v. Department of Children and Families, 700 So.2d 96 (Fla. 1st DCA 1997)(adjudicatory order in which parental rights are terminated is final, appeal-able, order), petition for review pending, Case No. 91,771 (Fla., filed Nov. 7, 1997). However, the dismissal is without prejudice to appellant’s right to file a petition for a writ of habeas corpus in the trial court, seeking a belated appeal. In the Interest of E.H., 609 So.2d 1289 (Fla.1992). As we did in G.L.S., we certify conflict with the decisions of the Fifth District Court of Appeal in Moore v. Department of Health and Rehabilitative [954]*954Services, 664 So.2d 1137 (Fla. 5th DCA 1995), and Lewis v. Department of Health and Rehabilitative Services, 670 So.2d 1191 (Fla. 5th DCA 1996).

APPEAL DISMISSED.

WOLF, WEBSTER and DAVIS, JJ., concur.

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PER CURIAM.

This appeal is dismissed for lack of jurisdiction. See G.L.S. v. Department of Children and Families, 700 So.2d 96 (Fla. 1st DCA 1997)(adjudicatory order in which parental rights are terminated is final, appeal-able, order), petition for review pending, Case No. 91,771 (Fla., filed Nov. 7, 1997). However, the dismissal is without prejudice to appellant’s right to file a petition for a writ of habeas corpus in the trial court, seeking a belated appeal. In the Interest of E.H., 609 So.2d 1289 (Fla.1992). As we did in G.L.S., we certify conflict with the decisions of the Fifth District Court of Appeal in Moore v. Department of Health and Rehabilitative [954]*954Services, 664 So.2d 1137 (Fla. 5th DCA 1995), and Lewis v. Department of Health and Rehabilitative Services, 670 So.2d 1191 (Fla. 5th DCA 1996).

APPEAL DISMISSED.

WOLF, WEBSTER and DAVIS, JJ., concur.

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Bluebook (online)

706 So. 2d 953, 1998 Fla. App. LEXIS 2699, Counsel Stack Legal Research, https://law.counselstack.com/opinion/emm-v-dept-of-children-families-fladistctapp-1998.

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