J.P. v. Florida Department of Children & Families

District Court of Appeal of Florida

J.P. v. Florida Department of Children & Families

100 So. 3d 271, 2012 Fla. App. LEXIS 19767

CourtDistrict Court of Appeal of Florida

DecidedNovember 13, 2012

DocketNo. 1D12-3018

StatusPublished

This text of 100 So. 3d 271 (J.P. v. Florida Department 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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J.P. v. Florida Department of Children & Families, 100 So. 3d 271, 2012 Fla. App. LEXIS 19767 (Fla. Ct. App. 2012).

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Opinion

PER CURIAM.

Appellant challenges the final order terminating her parental rights. Although Appellant failed to personally appear at the final hearing after receiving prior verbal notice of the hearing via telephone, the hearing was held only 26 days after the date of first publication of the service of process by publication. Accordingly, the final order is REVERSED and REMANDED for further proceedings which comply with sections 39.801, 49.09 and 49.10, Florida Statutes, and with rule 8.505, Florida Rules of Juvenile Procedure. See J.M. v. Dep’t. of Children & Families, 833 So.2d 279 (Fla. 5th DCA 2002); In Interest of D. P., 595 So.2d 62 (Fla. 1st DCA 1991).

CLARK, WETHERELL, and MAKAR, JJ., Concur.

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PER CURIAM.

Appellant challenges the final order terminating her parental rights. Although Appellant failed to personally appear at the final hearing after receiving prior verbal notice of the hearing via telephone, the hearing was held only 26 days after the date of first publication of the service of process by publication. Accordingly, the final order is REVERSED and REMANDED for further proceedings which comply with sections 39.801, 49.09 and 49.10, Florida Statutes, and with rule 8.505, Florida Rules of Juvenile Procedure. See J.M. v. Dep’t. of Children & Families, 833 So.2d 279 (Fla. 5th DCA 2002); In Interest of D. P., 595 So.2d 62 (Fla. 1st DCA 1991).

CLARK, WETHERELL, and MAKAR, JJ., Concur.

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100 So. 3d 271, 2012 Fla. App. LEXIS 19767, Counsel Stack Legal Research, https://law.counselstack.com/opinion/jp-v-florida-department-of-children-families-fladistctapp-2012.

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