JM v. Florida Department of Children and Families
This text of 38 So. 3d 236 (JM v. Florida 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.
Opinion
J.M. appeals an order terminating his parental rights to his minor children. He challenges the sufficiency of the evidence produced at the termination hearing by the Department of Children and Families (“Department”). J.M. has not preserved this issue for appellate review, however, for he failed to move for judgment of *237 dismissal at the close of the Department’s case. See K.J. ex rel. A.J. v. Dep’t of Children & Families, 33 So.3d 88, 89 (Fla. 1st DCA 2010); J.D. v. Dep’t of Children & Families, 825 So.2d 447, 447 (Fla. 1st DCA 2002). But see H.D. v. Dep’t of Children & Families, 964 So.2d 818, 819 (Fla. 4th DCA 2007) (holding that in termination of parental rights cases, a motion for judgment of dismissal is not necessary to preserve for appellate review issues of sufficiency of the evidence), rev. dismissed, 985 So.2d 1059 (Fla.2008). Even had the issue been properly preserved, there is competent, substantial evidence in the record to support the termination order.
AFFIRMED.
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Cite This Page — Counsel Stack
38 So. 3d 236, 2010 Fla. App. LEXIS 9766, Counsel Stack Legal Research, https://law.counselstack.com/opinion/jm-v-florida-department-of-children-and-families-fladistctapp-2010.