McGillis v. Department of Children & Family Services
This text of 719 So. 2d 967 (McGillis v. Department of Children & Family Services) 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
We affirm the order denying Mr. MeGillis’ motion to intervene as a party in a termination and dependency proceeding as he does not fall within the parameters of section 39.01(39), Florida Statutes (1997). See also J.L. v. G.M., 687 So.2d 977 (Fla. 4th DCA 1997)(Fla.R. Juv. P. 8.210(a) limits parties in juvenile proceeding). We note that the trial court properly recognized Mr. MeGillis as a “participant,” granting him the right to receive notice and to be heard in the proceeding. § 39.01(38), Fla. Stat. (1997).
We dismiss as moot the separate appeal from the order terminating visitation, case no. 98-499, because the trial court has since reconsidered that ruling and accorded Mr. MeGillis supervised visitation. Although we do not consider the correctness of the order on appeal, at oral argument, counsel for the Department of Children and Family Services conceded that Mr. MeGillis should have been notified of the emergency hearing.
Accordingly, we affirm the order denying the motion to intervene; and we dismiss as moot case number 98-499.
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Cite This Page — Counsel Stack
719 So. 2d 967, 1998 Fla. App. LEXIS 12831, 1998 WL 712788, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mcgillis-v-department-of-children-family-services-fladistctapp-1998.