Dependency Law Finder

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

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L.S.F-W. v. Department of Children & Families1D22-2336

Court
1st DCA
Decided
2022-09-02
Case
TPR
Appellant
Other
County
Bay

Other Untimely termination appeal was treated as a habeas petition for belated appeal based on ineffective counsel and transferred to the trial court for decision.

Issues
Appellate jurisdiction & timeliness, Right to counsel & ineffective assistance, Habeas corpus

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. 1D22-2336
                  _____________________________

L.S.F-W.,

    Appellant,

    v.

DEPARTMENT OF CHILDREN AND FAMILIES,

    Appellee.
                  _____________________________


On appeal from the Circuit Court for Bay County. Brantley S. Clark Jr., Judge.

                         September 2, 2022


PER CURIAM.

    In this case, we ordered Appellant to show cause why this appeal should not be dismissed as untimely.

     Even though Appellant filed the notice of appeal more than thirty days after rendition of the order under review, we do not dismiss for lack of jurisdiction. See generally Fla. R. App. P. 9.146; see also Fla. R. App. P. 9.110(b).

     Instead, we treat Appellant’s response to the order to show cause as a petition for writ of habeas corpus alleging an entitlement to a belated appeal due to ineffective assistance of counsel in a case involving a termination of parental rights. See Art. V, sec. 2, Fla. Const.; see also Fla. R. App. P. 9.040(c); In Interest of E.H., 
609 So. 2d 1289, 1290
 (Fla. 1992).

     Additionally, we transfer the re-designated petition to the lower court for disposition. See Art. V, sec. 2, Fla. Const.; see also Fla. R. App. P. 9.040(b)(1); In Interest of E.H., 
609 So. 2d at 1291
. KELSEY, JAY, and M.K. THOMAS, JJ., concur.
                  _____________________________
    Not final until disposition of any timely and
    authorized motion under Fla. R. App. P. 9.330 or
    9.331.
               _____________________________

L.S.F-W., pro se, Appellant. Sarah J. Rumph, Appellate Counsel, Children’s Legal Services, Tallahassee, for Appellee. 

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