R.N. v. Department of Children & Families

District Court of Appeal of Florida

R.N. v. Department of Children & Families

113 So. 3d 1034, 2013 WL 2359073, 2013 Fla. App. LEXIS 8592

CourtDistrict Court of Appeal of Florida

DecidedMay 28, 2013

DocketNo. 5D13-244

StatusPublished

Cited by3 cases

This text of 113 So. 3d 1034 (R.N. 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.

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R.N. v. Department of Children & Families, 113 So. 3d 1034, 2013 WL 2359073, 2013 Fla. App. LEXIS 8592 (Fla. Ct. App. 2013).

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Opinion

PER CURIAM.

R.N., the mother of A.N., a dependent child, attempts to appeal an order, entered after an evidentiary hearing, that amended her case plan to include the single goal of adoption and directed the Department of Children and Families to file a petition for termination of parental rights. She argues the trial court erred when it denied her request to close the dependency case with a permanent guardianship to the child’s custodian, the grandmother. Although this proceeding was filed as a direct appeal, the challenged order is neither a final order nor an appealable, non-final order pursuant to Florida Rule of Appellate Procedure 9.110. See In re M.V.-B., 19 So.3d 381, 385 (Fla. 2d DCA 2009) (holding that “orders entered in dependency proceedings after the entry of the order adjudicating dependency and before an order terminating supervision or jurisdiction are not appealable” non-final orders); D.G. v. Dep’t of Children & Families, 16 So.3d 972, 973 (Fla. 3d DCA 2009) (same). Accordingly, we will treat the appeal as a timely filed petition for writ of certiorari. See Fla. R.App. P. 9.040(c); S.H. v. Dep’t of Children & Families, 950 So.2d 1267, 1268 (Fla. 5th DCA 2007) (treating mother’s appeal from a non-final dependency order that was not appealable as petition for writ of certiorari). Finding no departure from the essential requirements of the law, we deny the Petition.

PETITION DENIED.

GRIFFIN, COHEN and BERGER, J.J., concur.

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PER CURIAM.

R.N., the mother of A.N., a dependent child, attempts to appeal an order, entered after an evidentiary hearing, that amended her case plan to include the single goal of adoption and directed the Department of Children and Families to file a petition for termination of parental rights. She argues the trial court erred when it denied her request to close the dependency case with a permanent guardianship to the child’s custodian, the grandmother. Although this proceeding was filed as a direct appeal, the challenged order is neither a final order nor an appealable, non-final order pursuant to Florida Rule of Appellate Procedure 9.110. See In re M.V.-B., 19 So.3d 381, 385 (Fla. 2d DCA 2009) (holding that “orders entered in dependency proceedings after the entry of the order adjudicating dependency and before an order terminating supervision or jurisdiction are not appealable” non-final orders); D.G. v. Dep’t of Children & Families, 16 So.3d 972, 973 (Fla. 3d DCA 2009) (same). Accordingly, we will treat the appeal as a timely filed petition for writ of certiorari. See Fla. R.App. P. 9.040(c); S.H. v. Dep’t of Children & Families, 950 So.2d 1267, 1268 (Fla. 5th DCA 2007) (treating mother’s appeal from a non-final dependency order that was not appealable as petition for writ of certiorari). Finding no departure from the essential requirements of the law, we deny the Petition.

PETITION DENIED.

GRIFFIN, COHEN and BERGER, J.J., concur.

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Bluebook (online)

113 So. 3d 1034, 2013 WL 2359073, 2013 Fla. App. LEXIS 8592, Counsel Stack Legal Research, https://law.counselstack.com/opinion/rn-v-department-of-children-families-fladistctapp-2013.

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