Dependency Law Finder

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

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In re D.A.M3D15-1154

Court
3rd DCA
Decided
2015-10-28
Case
Dependency
Appellant
Child
County
Miami-Dade

Affirmed Denial of two brothers' private dependency petition affirmed as bound by circuit precedent on immigrant-juvenile petitions.

Issue
Dependency adjudication: sufficiency of evidence
Facts
Immigration

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
        Third District Court of Appeal
                                State of Florida
                          Opinion filed October 28, 2015.
          Not final until disposition of timely filed motion for rehearing.
                                ________________
                                No. 3D15-1154
                           Lower Tribunal No. 15-1529
                              ________________

            In the Interest of D.A.M., et al., minor children,
                                    Appellants,

     An appeal from the Circuit Court for Miami-Dade County, Maria I. Sampedro-Iglesia, Judge.
      Health Rights Clinic, University of Miami School of Law, and JoNel Newman and Melissa Swain; Devon Frampton and Andrew Sarangoulis, Legal Interns, for appellants.
    Karla Perkins, for appellee; Children’s Legal Services and Stephanie C. Zimmerman (Bradenton), for Department of Children and Families.

Before SUAREZ, C.J., and LAGOA and FERNANDEZ, JJ.
      SUAREZ, C.J.
      D.A.M.(1) and D.A.M.(2), his younger brother (the “children”)1, appeal the

1 The children are currently 16 and 14 years old respectively. Thus, this case is distinguishable from O.I.C.L. v. Department of Children & Families, 
2015 WL 4461164 at * 2
 (Fla. 4th DCA July 22, 2015) which concluded that private petitions similar to those here “routinely share the following elements; the child is about to turn eighteen years old.” trial court’s denial of their private petition seeking an adjudication of dependency.

      We are bound to follow In re B.Y.G.M., 
40 Fla. L. Weekly D1618
 (Fla. 3d DCA July 15, 2015), and In re K.B.L.V., 
40 Fla. L. Weekly D1622
 (Fla. 3d DCA July 15, 2015) and, therefore, affirm. 

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