M.P. v. Dept. of Children & Families

District Court of Appeal of Florida

M.P. v. Dept. of Children & Families

717 So. 2d 114, 1998 Fla. App. LEXIS 11307

CourtDistrict Court of Appeal of Florida

DecidedSeptember 4, 1998

DocketNos. 98-0953, 98-1071

StatusPublished

Cited by1 cases

This text of 717 So. 2d 114 (M.P. v. Dept. 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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M.P. v. Dept. of Children & Families, 717 So. 2d 114, 1998 Fla. App. LEXIS 11307 (Fla. Ct. App. 1998).

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Opinion

PER CURIAM.

These consolidated appeals are dismissed for lack of jurisdiction. See G.L.S. v. Department of Children and Families, 700 So.2d 96 (Fla. 1st DCA 1997) (adjudicatory order in which parental rights are terminated is final, appealable, order), review granted, Case No. 91,771, — So.2d-(Fla., 1998). However, the dismissal is without prejudice to appellants’ right to file a petition for a writ of habeas corpus in the trial court, seeking a belated appeal. See In the Interest of E.H., 609 So.2d 1289 (Fla.1992). As we did in G.L.S., we certify conflict with the decisions of the Fifth District Court of Appeal in Moore v. Department of Health and Rehabilitative Services, 664 So.2d 1137 (Fla. 5th DCA 1995), and Lewis v. Department of Health and Rehabilitative Services, 670 So.2d 1191 (Fla. 5th DCA 1996).

APPEALS DISMISSED.

JOANOS, MINER and WEBSTER, JJ., concur.

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PER CURIAM.

These consolidated appeals are dismissed for lack of jurisdiction. See G.L.S. v. Department of Children and Families, 700 So.2d 96 (Fla. 1st DCA 1997) (adjudicatory order in which parental rights are terminated is final, appealable, order), review granted, Case No. 91,771, — So.2d-(Fla., 1998). However, the dismissal is without prejudice to appellants’ right to file a petition for a writ of habeas corpus in the trial court, seeking a belated appeal. See In the Interest of E.H., 609 So.2d 1289 (Fla.1992). As we did in G.L.S., we certify conflict with the decisions of the Fifth District Court of Appeal in Moore v. Department of Health and Rehabilitative Services, 664 So.2d 1137 (Fla. 5th DCA 1995), and Lewis v. Department of Health and Rehabilitative Services, 670 So.2d 1191 (Fla. 5th DCA 1996).

APPEALS DISMISSED.

JOANOS, MINER and WEBSTER, JJ., concur.

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717 So. 2d 114, 1998 Fla. App. LEXIS 11307, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mp-v-dept-of-children-families-fladistctapp-1998.

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