O'Connor v. State, Department of Health & Rehabilitative Services

District Court of Appeal of Florida

O'Connor v. State, Department of Health & Rehabilitative Services

680 So. 2d 1137, 1996 Fla. App. LEXIS 10923, 1996 WL 592590

CourtDistrict Court of Appeal of Florida

DecidedOctober 16, 1996

DocketNo. 95-683

StatusPublished

Cited by1 cases

This text of 680 So. 2d 1137 (O'Connor v. State, Department of Health & Rehabilitative 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.

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O'Connor v. State, Department of Health & Rehabilitative Services, 680 So. 2d 1137, 1996 Fla. App. LEXIS 10923, 1996 WL 592590 (Fla. Ct. App. 1996).

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Opinion

SCHWARTZ, Chief Judge.

In claiming the guardian ad litem had no authority to prosecute the present action to terminate her parental rights, O’Connor contends that the amendments to sections 61.401 and 61.403, Florida Statutes (1993), Ch. 94-204, §§ 3, 5, at 1173, 1174, Laws of Fla., which became effective prior to the trial, in effect overruled our decision to the contrary in Simms v. Department of Health & Rehabilitative Servs., 641 So.2d 957 (Fla. 3d DCA 1994), review denied, 649 So.2d 870 (Fla.1994). Because those amendments govern only actions “for dissolution of marriage, modification, parental responsibility, custody, or visitation,” see § 61.401, Fla. Stat. (Supp.1994), and thus do not affect proceedings like this under Chapter 39, we reject this contention.¹

[1138]*1138We likewise find no merit in the claim of error as to the merits of the decision below,

Affirmed.

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SCHWARTZ, Chief Judge.

In claiming the guardian ad litem had no authority to prosecute the present action to terminate her parental rights, O’Connor contends that the amendments to sections 61.401 and 61.403, Florida Statutes (1993), Ch. 94-204, §§ 3, 5, at 1173, 1174, Laws of Fla., which became effective prior to the trial, in effect overruled our decision to the contrary in Simms v. Department of Health & Rehabilitative Servs., 641 So.2d 957 (Fla. 3d DCA 1994), review denied, 649 So.2d 870 (Fla.1994). Because those amendments govern only actions “for dissolution of marriage, modification, parental responsibility, custody, or visitation,” see § 61.401, Fla. Stat. (Supp.1994), and thus do not affect proceedings like this under Chapter 39, we reject this contention.¹

[1138]*1138We likewise find no merit in the claim of error as to the merits of the decision below,

Affirmed.

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680 So. 2d 1137, 1996 Fla. App. LEXIS 10923, 1996 WL 592590, Counsel Stack Legal Research, https://law.counselstack.com/opinion/oconnor-v-state-department-of-health-rehabilitative-services-fladistctapp-1996.

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