Dependency Law Finder

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

data.robertlathamesq.org · All tools

Before you use this site

This site aggregates legal authorities from a variety of public sources. It is AI and human reviewed. Text processing errors can occur. Always check the information here against the official linked source.

This site is publicly available. Use for general research only. Do not submit confidential or identifiable case information.

I don't agree: show the official sources

E.A.V. v. Department of Children & Families3D21-0906

Court
3rd DCA
Decided
2021-09-01
Case
TPR
Appellant
Mother
County
Miami-Dade

Affirmed Termination affirmed under the highly deferential standard; the court will not reweigh evidence where full manifest best interests findings were made.

Issues
TPR: sufficiency of evidence, general, Manifest best interests

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 September 1, 2021.
       Not final until disposition of timely filed motion for rehearing.
                            ________________
                              No. 3D21-906
                       Lower Tribunal No. 17-15097
                          ________________

                           E.A.V., 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.
      Eugene F. Zenobi, Criminal Conflict and Civil Regional Counsel, Third Region, and Kevin Coyle Colbert, Assistant Regional Counsel, for appellant.
     Karla Perkins, for appellee Department of Children and Families; Thomasina F. Moore and Laura J. Lee (Tallahassee), for appellee Guardian ad Litem.

Before SCALES, HENDON, and LOBREE, JJ.
     HENDON, J.
     Affirmed. See Fla. Dep't of Children & Families v. A.R., 
253 So. 3d 1158, 1164
 (Fla. 3d DCA 2018) (holding appellate review of a termination of parental rights case is highly deferential and a finding that evidence is clear and convincing enjoys a presumption of correctness and will not be overturned on appeal unless clearly erroneous or lacking in evidentiary support); J.E. v. Dep't of Children & Families, 
126 So. 3d 424, 427
 (Fla. 4th DCA 2013) (“While a trial court's decision to terminate parental rights must be based on clear and convincing evidence, our review is limited to whether competent substantial evidence supports the trial court's judgment.”); J.P. v. Fla. Dep't of Children & Families, 
183 So. 3d 1198, 1204
 (Fla. 1st DCA 2016) (holding where the trial court made full findings on all statutory factors and found that termination of parental rights was in the child's manifest best interest, the appellate court should not re-weigh the evidence). 

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