Dependency Law Finder

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

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A.M. v. Department of Children & Families789 So. 2d 494 (Fla. 4th DCA 2001) · 4D00-2390

Court
4th DCA
Decided
2001-07-11
Case
TPR
Appellant
Mother

Reversed & remanded Default termination judgment reversed because the mother was served only twenty-four hours before the final hearing, which violates due process notice requirements.

Issues
Default & consent by nonappearance, Notice & service of process, Procedural due process

Summary, issues, facts, outcome, and appellant were extracted automatically from the opinion. Check the opinion itself before relying on them.

On CourtListener
PER CURIAM.

We reverse the final default judgment terminating appellant’s parental rights because of her failure to appear at the final hearing. Appellant was served only twenty-four hours prior to the hearing. J.B. v. Florida Department of Children & Family Services, 768 So.2d 1060 (Fla.2000), holds that where fundamental rights such as termination of parental rights are involved, more than twenty-four hours’ notice of a hearing where such rights could be terminated is required to satisfy procedural due process guarantees.

Reversed and remanded for further proceedings.

POLEN, C.J., WARNER, and GROSS, JJ., concur.

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