Dependency Law Finder

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

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F.Y.J. v. Department of Children & Families1D21-0354

Court
1st DCA
Decided
2021-09-23
Case
TPR
Appellant
Mother
County
Duval

Affirmed Termination affirmed because there was no trial transcript and no fundamental error appeared on the face of the order.

Issue
Record & transcript problems

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

Court's PDF On CourtListener
          FIRST DISTRICT COURT OF APPEAL
                 STATE OF FLORIDA
                  _____________________________
                          No. 1D21-354
                  _____________________________ F. Y. J., Mother of R.L.J., a Minor Child,
    Appellant,
    v. DEPARTMENT OF CHILDREN AND FAMILIES,
    Appellee.
                  _____________________________

On appeal from the Circuit Court for Duval County. Aaron K. Bowden, Judge.
                         September 23, 2021

PER CURIAM.
     AFFIRMED. See D.R. v. Dep’t of Child. & Fams., 
236 So. 3d 1175, 1177
 (Fla. 1st DCA 2018) (“Even in a termination of parental rights proceeding, the lack of a transcript mandates affirmance unless fundamental error appears on the face of the order.”); see also Applegate v. Barnett Bank of Tallahassee, 
377 So. 2d 1150, 1152
 (Fla. 1979) (“Without a record of the trial proceedings, the appellate court can not properly resolve the underlying factual issues so as to conclude that the trial court’s judgment is not supported by the evidence or by an alternative theory. Without knowing the factual context, neither can an appellate court reasonably conclude that the trial judge so misconceived the law as to require reversal.”).

RAY, OSTERHAUS, and NORDBY, JJ., concur.

                 _____________________________

    Not final until disposition of any timely and
    authorized motion under Fla. R. App. P. 9.330 or
    9.331.
               _____________________________


Michael R. Yokan, Jacksonville, for Appellant.

Ward L. Metzger, Children’s Legal Services, Tallahassee; Thomasina F. Moore, Statewide Guardian ad Litem Office, Tallahassee; Javier Enriquez, General Counsel for Department of Children and Families, Tallahassee; Tracy Sorcek and Kimberly M. Dodd, Children’s Legal Services, Jacksonville; Jenna Lea Meadows, Guardian ad Litem, Jacksonville; Rebecca Lynn Bartlett, Tallahassee for Appellee. 

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