M.T. v. Department of Children & Family Services

District Court of Appeal of Florida

M.T. v. Department of Children & Family Services

806 So. 2d 646, 2002 Fla. App. LEXIS 1440

CourtDistrict Court of Appeal of Florida

DecidedFebruary 13, 2002

DocketNo. 2D01-2949

StatusPublished

Cited by1 cases

This text of 806 So. 2d 646 (M.T. 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.

Bluebook

M.T. v. Department of Children & Family Services, 806 So. 2d 646, 2002 Fla. App. LEXIS 1440 (Fla. Ct. App. 2002).

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Opinion

FULMER, Judge.

M.T., the mother of C.R., M.R., A.S., M.S., M.S., and S.S., appeals a judgment that terminated her parental rights to her six children. She argues that the judgment must be reversed because the order of termination was based on her failure to appear at a “docket sounding”¹ notwithstanding the appearance of her attorney. We agree that the trial court was without authority to enter the default and, therefore, reverse. Our resolution of this issue makes it unnecessary for us to discuss the other three points raised on appeal.

Section 39.801(3)(d), Florida Statutes (2000), provides the trial court with authority to enter a default against a parent who fails to appear at either an advisory or adjudicatory hearing; however, the statute does not address the failure to appear at a “docket sounding” or scheduling conference. This court has previously reversed orders terminating parental rights which were entered based on defaults that were not specifically authorized by statute. See In the Interest of B.A., 745 So.2d 962 (Fla. 2d DCA 1999); In the Interest of A.L., 711 So.2d 600 (Fla. 2d DCA 1998). Accordingly, we reverse the order terminating parental rights and remand for further proceedings.

Reversed and remanded.

DAVIS and KELLY, JJ., Concur.

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FULMER, Judge.

M.T., the mother of C.R., M.R., A.S., M.S., M.S., and S.S., appeals a judgment that terminated her parental rights to her six children. She argues that the judgment must be reversed because the order of termination was based on her failure to appear at a “docket sounding”¹ notwithstanding the appearance of her attorney. We agree that the trial court was without authority to enter the default and, therefore, reverse. Our resolution of this issue makes it unnecessary for us to discuss the other three points raised on appeal.

Section 39.801(3)(d), Florida Statutes (2000), provides the trial court with authority to enter a default against a parent who fails to appear at either an advisory or adjudicatory hearing; however, the statute does not address the failure to appear at a “docket sounding” or scheduling conference. This court has previously reversed orders terminating parental rights which were entered based on defaults that were not specifically authorized by statute. See In the Interest of B.A., 745 So.2d 962 (Fla. 2d DCA 1999); In the Interest of A.L., 711 So.2d 600 (Fla. 2d DCA 1998). Accordingly, we reverse the order terminating parental rights and remand for further proceedings.

Reversed and remanded.

DAVIS and KELLY, JJ., Concur.

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Bluebook (online)

806 So. 2d 646, 2002 Fla. App. LEXIS 1440, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mt-v-department-of-children-family-services-fladistctapp-2002.

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