J.C. v. Catholic Charities of Central Florida

District Court of Appeal of Florida

J.C. v. Catholic Charities of Central Florida

98 So. 3d 260, 2012 WL 4838975, 2012 Fla. App. LEXIS 17820

District Court of Appeal of Florida·Decided October 8, 2012·No. No. 5D12-621·Published

Opinion

PER CURIAM.

The trial court terminated the parental rights of J.C., the father of J.M.T., pending adoption. At the time of the hearing, J.C. was in prison in Illinois and was indigent. As an indigent, J.C. is entitled to the preparation of a sufficiently complete record to permit proper appellate review. In this case, there is no record of the proceeding. There was no court reporter present, and as a consequence, there is no transcription of the hearing. Under these circumstances, there can be no meaningful appellate review. See W.T. v. K.F.Y., 59 So.3d 1216 (Fla. 5th DCA 2011). In addition, J.C. timely requested the appointment of counsel. As an indigent, he is entitled to counsel. See M.E.K. v. R.L.K, 921 So.2d 787, 791 (Fla. 5th DCA 2006). Accordingly, the matter is reversed and remanded for a new trial.

REVERSED and REMANDED for NEW TRIAL.

ORFINGER, C.J., JACOBUS, J., and HARRIS, C.M., Senior Judge, concur.

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PER CURIAM.

The trial court terminated the parental rights of J.C., the father of J.M.T., pending adoption. At the time of the hearing, J.C. was in prison in Illinois and was indigent. As an indigent, J.C. is entitled to the preparation of a sufficiently complete record to permit proper appellate review. In this case, there is no record of the proceeding. There was no court reporter present, and as a consequence, there is no transcription of the hearing. Under these circumstances, there can be no meaningful appellate review. See W.T. v. K.F.Y., 59 So.3d 1216 (Fla. 5th DCA 2011). In addition, J.C. timely requested the appointment of counsel. As an indigent, he is entitled to counsel. See M.E.K. v. R.L.K, 921 So.2d 787, 791 (Fla. 5th DCA 2006). Accordingly, the matter is reversed and remanded for a new trial.

REVERSED and REMANDED for NEW TRIAL.

ORFINGER, C.J., JACOBUS, J., and HARRIS, C.M., Senior Judge, concur.

J.C. v. Catholic Charities of Central Florida, 98 So. 3d 260, 2012 WL 4838975, 2012 Fla. App. LEXIS 17820 (Fla. Ct. App. 2012).

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98 So. 3d 260 (J.C. v. Catholic Charities of Central Florida) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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