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

A.C. v. Department of Children & Family Services778 So. 2d 480 (Fla. 4th DCA 2001) · 4D00-2305

Court
4th DCA
Decided
2001-02-21
On CourtListener
PER CURIAM.

R.M.S., the maternal grandmother of A.C., a minor child, appeals from an order denying her petition to terminate the natural mother’s parental rights over A.C. Although the evidence was highly disputed, *481the trial court weighed the credibility of the witnesses and sided with the mother. As there was competent substantial evidence to support that reunification did not pose a substantial risk of harm to A.C., we affirm this part of the order. See In Re Adoption of Baby E.A.W., 658 So.2d 961, 967 (Fla.l995)(holding appellate court should not reweigh the testimony and evidence, nor substitute its judgment for that of the trier of fact); §§ 39.806(1), 39.810, Fla. Stat. (Supp.1998).

However, we find error in that part of the order in which the court sua sponte mandated the return of AC.’s sister to the mother. The sister was the subject of a separate petition for visitation filed by R.M.S., filed under another case number. There is nothing in the record to inform us whether the trial court even had jurisdiction to entertain any issues pertinent to the second child. In any event, the court did not give R.M.S. prior notice that the second child’s disposition would be addressed at A.C.’s final hearing and, therefore, R.M.S. did not have a sufficient opportunity to be heard on this issue. Accordingly, we reverse this part of the order.

AFFIRMED in part; REVERSED in part.

STONE, POLEN and HAZOURI, JJ., concur.

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