H.R.G., Jr. v. DCF

District Court of Appeal of Florida

H.R.G., Jr. v. DCF

CourtDistrict Court of Appeal of Florida

DecidedApril 23, 2018

Docket5D18-692

StatusPublished

This text of H.R.G., Jr. v. DCF (H.R.G., Jr. v. DCF) 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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H.R.G., Jr. v. DCF, (Fla. Ct. App. 2018).

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Opinion

IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT

NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED

H.R.G., JR., FATHER OF H.G., III, A CHILD,

Appellant,

v. Case No. 5D18-692

DEPARTMENT OF CHILDREN AND FAMILIES,

Appellee.

________________________________/

Opinion filed April 24, 2018

Appeal from the Circuit Court of Orange County, Daniel Dawson, Judge.

Ryan Thomas Truskoski, of Ryan Thomas Truskoski, P.A, Orlando, for Appellant.

Kelley Schaeffer, of Children’s Legal Services, Bradenton, for Appellee.

C. Andrew Roy, of Winderweedle, Haines, Ward & Woodman, P.A., Winter Park, for Guardian ad Litem.

PER CURIAM.

We affirm the final judgment terminating Appellant’s parental rights to the minor

child on the two statutory grounds pleaded, but we remand to the trial court to strike its

reference to section 39.806(1)(c), Florida Statutes (2017), in the final judgment as an additional reason for termination. This was clearly an inadvertent clerical error by the

court, as the Department of Children and Families did not plead section 39.806(1)(c) as

a ground for termination of Appellant’s parental rights nor did it attempt to present

evidence or argument at trial under this statute.

AFFIRMED, but REMANDED for correction of clerical error.

SAWAYA, PALMER and LAMBERT, JJ., concur.

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