Dependency Law Finder

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

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H.C. v. Department of Children & Families3D2025-2336

Court
3rd DCA
Decided
2026-07-02
Case
TPR
Appellant
Mother
County
Miami-Dade

Affirmed Termination affirmed because the mother's due process and missing-findings arguments were not raised below or preserved by rehearing motion, or were not briefed.

Issue
Preservation & fundamental error

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 July 2, 2026.
       Not final until disposition of timely filed motion for rehearing.
                            ________________
                             No. 3D25-2336
                 Lower Tribunal No. D24-15134 TP D009
                           ________________

                            H.C., the Mother,
                                  Appellant,
                                     vs.
           Department of Children and Families, et al.,
                                 Appellees.

      An Appeal from the Circuit Court for Miami-Dade County, Michelle Alvarez Barakat, Judge.
     Law Offices of Roger Ally, P.A., and Roger Ally, for appellant.
      Karla Perkins, for appellee Department of Children & Families; Sara Elizabeth Goldfarb, and Stephanie E. Novenario (Tallahassee), for appellee Guardian ad Litem.

Before FERNANDEZ, MILLER, and LOBREE, JJ.
     PER CURIAM.
      Affirmed. See R.G. v. Dep’t of Child. & Fam. Servs., 
792 So. 2d 1269, 1269
 (Fla. 3d DCA 2001) (affirming dependency order where “any due process concerns were never raised before the trial court and are therefore barred” (citing Hill v. State, 
549 So. 2d 179, 182
 (Fla. 1989))); J.G. v. Dep’t of Child. & Fams., 
22 So. 3d 774, 776
 (Fla. 4th DCA 2009) (“[T]he parents’ claim that their procedural due process rights were violated . . . was raised for the first time in this appeal, and therefore was not preserved for appellate review.”); Fla. R. Juv. P. 8.265(b)(4) (“To preserve for appeal a challenge to the failure of the trial court to make required findings of fact in the final order, a party must raise that issue in a motion for rehearing under this rule.”); Scognamillo v. Jamison, 
389 So. 3d 624
, 625 (Fla. 3d DCA 2023) (“[W]here an error by the court appears for the first time on the face of a final order, a party must alert the court of the error via a motion for rehearing or some other appropriate motion in order to preserve it for appeal.”) (quotation omitted); Mesa v. State, 
431 So. 3d 577
, 579 n.1 (Fla. 3d DCA 2026) (declining to reach the merits of an argument not raised in the initial brief: “[I]ssues not raised in the initial brief are considered waived or abandoned.”) (quotation omitted). 

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