Dependency Law Finder

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

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K.O. v. Department of Children & Families843 So. 2d 353 (Fla. 5th DCA 2003) · 5D02-1575

Court
5th DCA
Decided
2003-04-25
Case
TPR
Appellant
Mother

Reversed & remanded Termination order vacated and remanded because it lacked the required findings on the child's manifest best interests, though evidence supported the case plan ground.

Issues
Written findings & sufficiency of the order Reversed & remanded, Manifest best interests Reversed & remanded, TPR ground: case plan noncompliance / continuing abuse Affirmed
Law cited
§ 39.806(1)(e) (now § 39.806(1)(e)1.) · § 39.810

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

On CourtListener
843 So.2d 353 (2003)

K.O., Mother of T.L.O., A Child, Appellant,
v.
DEPARTMENT OF CHILDREN AND FAMILIES, Appellee.

No. 5D02-1575.

District Court of Appeal of Florida, Fifth District.

April 25, 2003.

Ryan Thomas Truskoski of Ryan Thomas Truskoski, P.A., Orlando, for Appellant.

Charles D. Peters, Orlando, and James A. Sawyer, Jr., Kissimmee, for Appellee.

PALMER, J.

K.O. appeals the trial court's order terminating her parental rights to her son, T.L.O. The evidence presented during the trial, if believed by the trial court, was sufficient to support the court's decision to terminate K.O.'s parental rights based on section 39.806(1)(e) of the Florida Statutes (2001). However, K.O. argues, and the State properly concedes, that the trial court failed to set forth in its termination order findings of fact relating to the best interest of the child as required by section 39.810 of the Florida Statutes (2001). Accordingly, we vacate the instant termination order and remand this matter to the trial court for issuance of an order that complies with the statute. See In re A.C., *354 751 So.2d 667 (Fla. 2d DCA 2000)(holding that final judgment terminating mother's parental rights did not satisfy the statutory requirement that the trial court consider and evaluate the manifest best interest of the children where neither the trial court's final judgment nor the transcript of proceedings contained any finding of fact or conclusion of law as to the manifest best interest of the children).

VACATED and REMANDED.

PETERSON and PLEUS, JJ., concur.

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