Dependency Law Finder

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

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Ja v. Department of Children & Families18 So. 3d 665 (Fla. 1st DCA 2009) · 1D09-3124

Court
1st DCA
Decided
2009-09-09
Case
TPR
Appellant
Other

Dismissed Appeal dismissed as premature because the order merely granted the termination petition without actually terminating parental rights, so it was not final.

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
PER CURIAM.

The appellant has sought review of an Order Granting Petition for Termination of Parental Rights. Although the lower tribunal has determined that the petition demonstrates sufficient grounds to terminate the appellant’s parental rights, the order on appeal merely grants the petition and fails to actually terminate parental rights. Accordingly, the Court concludes that the order is not a final order and this appeal is premature. See E.S. v. Dept. of Children and Families, 836 So.2d 1089 (Fla. 1st DCA 2003). The appeal is hereby dismissed for lack of jurisdiction. This dismissal is without prejudice to the appellant’s right to seek appellate review upon entry of a final order formally terminating the appellant’s parental rights.

DISMISSED.

KAHN, WEBSTER and ROBERTS, JJ., concur.

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