Ware v. In the Interest of J.N.M.

District Court of Appeal of Florida

Ware v. In the Interest of J.N.M.

632 So. 2d 716, 1994 Fla. App. LEXIS 1815, 1994 WL 66901

CourtDistrict Court of Appeal of Florida

DecidedMarch 4, 1994

DocketNo. 92-02304

StatusPublished

Cited by2 cases

This text of 632 So. 2d 716 (Ware v. In the Interest of J.N.M.) 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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Ware v. In the Interest of J.N.M., 632 So. 2d 716, 1994 Fla. App. LEXIS 1815, 1994 WL 66901 (Fla. Ct. App. 1994).

Pincite

Opinion

FULMER, Judge.

In this dependency proceeding, the mother appeals the order adjudicating the child dependent, claiming that the trial court erred in failing to include in the order a statement of the facts upon which the finding of dependency was based.

[717]*717Section 39.409(3), Florida Statutes (1991), requires that an order adjudicating a child dependent “briefly stat[e] the facts upon which the finding is made.... ” See In the Interest of T.S., 557 So.2d 676 (Fla. 2d DCA 1990); In the Interest of G.D.H., 498 So.2d 676 (Fla. 1st DCA 1986).

Accordingly, we reverse and remand for entry of a proper order of adjudication. Since the trial judge who entered the original order of adjudication is no longer a circuit court judge, upon remand the new judge shall conduct a rehearing before entering any order of adjudication. See Williams v. Dept. of Health and Rehabilitative Services, 568 So.2d 995 (Fla. 5th DCA 1990).

DANAHY, A.C.J. and QUINCE, J., concur.

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