Dependency Law Finder

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

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J.F.S. v. Department of Children & Families100 So. 3d 784 (Fla. 1st DCA 2012) · 1D12-3883

Court
1st DCA
Decided
2012-11-21
Case
TPR
Appellant
Father

Affirmed Termination affirmed because the father never moved for dismissal at the hearing, so sufficiency of the evidence was unpreserved; conflict certified with other districts.

Issue
Preservation & fundamental error
Law cited
Rule 8.525(h)

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

On CourtListener
PER CURIAM.

J.F.S. appeals the termination of his parental rights. Because he failed to move for a judgment of dismissal after the presentation of the State’s evidence, or at any other time during the termination hearing, we affirm. K.J. ex rel. A.J. v. Dep’t of Children & Families, 33 So.3d 88, 89 (Fla. 1st DCA 2010); J.D. v. Dep’t of Children & Families, 825 So.2d 447 (Fla. 1st DCA 2002). We recognize, as we did in K.J., that our holding requiring preservation of an evidentiary sufficiency issue under Florida Rule of Juvenile Procedure *7858.525(h) conflicts with decision of the Fourth and Fifth District Courts of Appeal in R.P. v. Dep’t of Children & Families, 49 So.3d 339 (Fla. 5th DCA 2010) and H.D. v. Dep’t of Children & Families, 964 So.2d 818 (Fla. 4th DCA 2007). We certify conflict with these decisions.

AFFIRMED.

CLARK, WETHERELL, and MAKAR, JJ., concur.

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