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.C. v. Department of Children & Families181 So. 3d 574 (Fla. 4th DCA 2016) · 4D15-4380

Court
4th DCA
Decided
2016-01-06
Case
TPR
Appellant
Mother
County
Palm Beach

Affirmed in part, reversed in part Denial of the mother's motion to vacate the termination for lack of standing reversed for an evidentiary hearing; denial of a stay of adoption affirmed.

Issues
Post-judgment relief Reversed & remanded, Parties & standing Reversed & remanded, Adoption after termination Affirmed
Law cited
Rule 8.270

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
PER CURIAM.

Appellant seeks review of two trial court orders, one denying her emergency motion to stay the adoption of A.R., the other denying her motion to vacate the order terminating her parental rights as to A.R. We affirm the order denying the motion to stay the adoption, without further comment. We reverse the order denying the motion to vacate the order of terminationof parental rights “based on lack of standing.” See Fla. R. Juv. P. 8.270; see also Schleger v. Stebelsky, 957 So.2d 71 (Fla. 4th DCA 2007) (“motion for relief from judgment should not be summarily denied without an evidentiary hearing unless its allegations and accompanying affidavits fail to allege ‘colorable entitlement’ to relief’) (quoting Smith v. Smith, 903 So.2d 1044, 1045 (Fla. 5th DCA 2005)). We express no opinion as to whether any color-able entitlement to relief under rule 8.270 is shown.

Reversed and remanded.

DAMOORGIAN, CONNER and FORST, JJ., concur.

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