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

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

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.

Section 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.