Dependency Law Finder

Florida's dependency statutes, court rules and DCF operating procedures, with the appellate opinions that apply them

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T.M. v. Department of Children & Families995 So. 2d 619 (Fla. 1st DCA 2008) · 1D08-4647

Court
1st DCA
Decided
2008-12-02
Case
TPR
Appellant
Father

Dismissed Father's termination appeal dismissed as untimely, without prejudice to seeking a belated appeal by habeas petition in the trial court.

Issue
Appellate jurisdiction & timeliness

Summary, issues, facts, outcome, and appellant were extracted automatically from the opinion. Check the opinion itself before relying on them.

On CourtListener
995 So.2d 619 (2008)

T.M., Father of J.K. and N.K., children, Appellant,
v.
FLORIDA DEPARTMENT OF CHILDREN AND FAMILIES, Appellee.

No. 1D08-4647.

District Court of Appeal of Florida, First District.

December 2, 2008.

Patrick J. Hammergren of David Lee Sellers, Attorney at Law, Pensacola, for Appellant.

John J. Copelan, Jr., General Counsel, Department of Children & Families, and Eric D. Schurger, Assistant Regional Counsel, Pensacola, for Appellee.

PER CURIAM.

Because the notice of appeal was not timely filed, this appeal is hereby dismissed for lack of jurisdiction. This disposition is without prejudice to appellant's right to seek relief in the trial court. See In Interest of E.H., 609 So.2d 1289 (Fla. 1992) (holding that the proper procedure for seeking belated appeal in a termination of parental rights proceedings is by petition *620 for writ of habeas corpus in the trial court).

BROWNING, C.J., ALLEN and BENTON, JJ., Concur.

Opinion text: CourtListener, Free Law Project. Not an official reporter; check the court's version before citing.