K.H. v. Department of Children & Families

District Court of Appeal of Florida

K.H. v. Department of Children & Families

892 So. 2d 1198, 2005 Fla. App. LEXIS 1018, 2005 WL 264126

CourtDistrict Court of Appeal of Florida

DecidedFebruary 4, 2005

DocketNo. 5D04-2085

StatusPublished

This text of 892 So. 2d 1198 (K.H. v. 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.

Bluebook

K.H. v. Department of Children & Families, 892 So. 2d 1198, 2005 Fla. App. LEXIS 1018, 2005 WL 264126 (Fla. Ct. App. 2005).

Pincite

Opinion

PER CURIAM.

The determination by a trial court that a child is dependent is a mixed question of law and fact. See In re M.F., 770 So.2d 1189, 1192 (Fla.2000) (citing Banks v. State, 732 So.2d 1065, 1067 (Fla.1999)). A ruling determining that a child is dependent will be affirmed if the trial court applied the correct law, and the record reflects that the decision is supported by substantial competent evidence. See M.N. v. State, 826 So.2d 445 (Fla. 5th DCA 2002). In the present case there was substantial competent evidence adduced at the trial to establish that there was a substantial risk of imminent abuse or neglect by the mother, and the children were properly adjudged to be dependent as to her within the meaning and intent of Chapter 39, Florida Statutes (2004). ' In addition, the trial court applied the correct law.

AFFIRMED.

PLEUS, MONACO and TORPY, JJ., concur.

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PER CURIAM.

The determination by a trial court that a child is dependent is a mixed question of law and fact. See In re M.F., 770 So.2d 1189, 1192 (Fla.2000) (citing Banks v. State, 732 So.2d 1065, 1067 (Fla.1999)). A ruling determining that a child is dependent will be affirmed if the trial court applied the correct law, and the record reflects that the decision is supported by substantial competent evidence. See M.N. v. State, 826 So.2d 445 (Fla. 5th DCA 2002). In the present case there was substantial competent evidence adduced at the trial to establish that there was a substantial risk of imminent abuse or neglect by the mother, and the children were properly adjudged to be dependent as to her within the meaning and intent of Chapter 39, Florida Statutes (2004). ' In addition, the trial court applied the correct law.

AFFIRMED.

PLEUS, MONACO and TORPY, JJ., concur.

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Bluebook (online)

892 So. 2d 1198, 2005 Fla. App. LEXIS 1018, 2005 WL 264126, Counsel Stack Legal Research, https://law.counselstack.com/opinion/kh-v-department-of-children-families-fladistctapp-2005.

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