J. L.-B., Mother of I.L., C.D., H.L., B.B. v. Department of Children and Families

District Court of Appeal of Florida

J. L.-B., Mother of I.L., C.D., H.L., B.B. v. Department of Children and Families

175 So. 3d 944

CourtDistrict Court of Appeal of Florida

DecidedOctober 20, 2015

Docket1D15-2544

StatusPublished

This text of 175 So. 3d 944 (J. L.-B., Mother of I.L., C.D., H.L., B.B. v. Department of Children and 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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J. L.-B., Mother of I.L., C.D., H.L., B.B. v. Department of Children and Families, 175 So. 3d 944 (Fla. Ct. App. 2015).

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PER CURIAM.

The Department of.Children and Fami-.. lies (Department) filed a petition for dependency ' after the mother in this case, J.L.-B., ended up in a physical altercation with two of her seven minor children on January 22, 2015. Both children involved,I.L. and A.B., sustained injuries .as a result of the altercation, although neither required medical attention. (I.L. had moved out of the home at the time of the dependency trial, with the mother’s, consent.) The mother now appeals the trial court’s order finding all seven children -dependent, but adjudicating dependent only I.L. and A.B., while withholding adjudication as to five of their siblings.

We have jurisdiction, under Florida, Rule of Appellate Procedure 9.146(b). E.M.A. v. Dep’t of Children & Families, 795 So.2d 183, 184 (Fla. 1st DCA 2001); see In re M.C., 11 So.3d 1013, 1014 (Fla. 2d DCA 2009); see also R.B. v. Dep’t of Children & Families, 799 So.2d 441, 442 (Fla. 5th DCA 2001) (“[A] trial court order finding a child dependent but withholding an adjudication of dependency is properly reviewable by this court pursuant to rule 9.030(b)(1)(A) of the Florida Rules of Appellate Procedure.”). We affirm-the trial court’s order in all respects.

Affirmed.

ROWE and MARSTILLER, JJ., concur. BENTON, J., concurs in part and dissents in part with opinion.

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PER CURIAM.

The Department of.Children and Fami-.. lies (Department) filed a petition for dependency ' after the mother in this case, J.L.-B., ended up in a physical altercation with two of her seven minor children on January 22, 2015. Both children involved,I.L. and A.B., sustained injuries .as a result of the altercation, although neither required medical attention. (I.L. had moved out of the home at the time of the dependency trial, with the mother’s, consent.) The mother now appeals the trial court’s order finding all seven children -dependent, but adjudicating dependent only I.L. and A.B., while withholding adjudication as to five of their siblings.

We have jurisdiction, under Florida, Rule of Appellate Procedure 9.146(b). E.M.A. v. Dep’t of Children & Families, 795 So.2d 183, 184 (Fla. 1st DCA 2001); see In re M.C., 11 So.3d 1013, 1014 (Fla. 2d DCA 2009); see also R.B. v. Dep’t of Children & Families, 799 So.2d 441, 442 (Fla. 5th DCA 2001) (“[A] trial court order finding a child dependent but withholding an adjudication of dependency is properly reviewable by this court pursuant to rule 9.030(b)(1)(A) of the Florida Rules of Appellate Procedure.”). We affirm-the trial court’s order in all respects.

Affirmed.

ROWE and MARSTILLER, JJ., concur. BENTON, J., concurs in part and dissents in part with opinion.

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175 So. 3d 944, Counsel Stack Legal Research, https://law.counselstack.com/opinion/j-l-b-mother-of-il-cd-hl-bb-v-department-of-children-and-fladistctapp-2015.

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