890 So.2d 552 (2005)

S.M., Mother of M.M. a Child, Petitioner,
v.
DEPARTMENT OF CHILDREN AND FAMILIES, Respondent.

No. 5D04-3440.

District Court of Appeal of Florida, Fifth District.

January 14, 2005.

Timothy A. Straus of Moyer, Straus & Patel, P.A., Altamonte Springs, for Petitioner.

Charles D. Peters, Orlando, for Respondent.

PER CURIAM.

S.M. seeks this court to require the lower court to vacate an order entered in a dependency proceeding under which S.M.'s child was placed in emergency, temporary shelter. The sole issue is whether the lower court erred in denying S.M.'s request to present testimonial evidence from a witness who was neither a parent nor legal custodian of the child. We treat the petition as an appeal pursuant to Florida Rule of Appellate Procedure 9.146 and reverse. Fla. R.App. P. 9.040(c). In doing so, we adopt the holding and analysis of the Second District in G.P. v. Family Continuity Program, 875 So.2d 715 (Fla. 2d DCA 2004).

REVERSED.

SAWAYA, C.J., PLEUS and TORPY, JJ., concur.

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Cited by 2 opinions

In this collection (2)

K.G. v. Department of Children & Families 1D11-2303 · 1st DCA 2011Certiorari / writ granted Certiorari granted and the shelter order quashed because the court announced its decision and refused to let the mother be heard at the shelter hearing.
L.M.C. v. Department of Children & Families 5D06-713 · 5th DCA 2006Reversed Shelter order reversed because the trial court refused to let the parents present evidence contesting probable cause at the shelter hearing.

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Cites 1 opinion in this collection

Citations to cases outside the collection are linked in the opinion text itself.

In re J.P. 2D03-5878 · 2nd DCA 2004Shelter order reversed because the court refused to let the parents be heard or present evidence, relying only on the sheriff's affidavit.

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S.M. v. Department of Children & Families890 So. 2d 552 (Fla. 5th DCA 2005) · 5D04-3440

S.M., Mother of M.M. a Child, Petitioner,
v.
DEPARTMENT OF CHILDREN AND FAMILIES, Respondent.

Cited by 2 opinions

In this collection (2)

Cites 1 opinion in this collection

S.M. v. Department of Children & Families890 So. 2d 552 (Fla. 5th DCA 2005) · 5D04-3440 Copy citation

S.M., Mother of M.M. a Child, Petitioner, v. DEPARTMENT OF CHILDREN AND FAMILIES, Respondent.

Cited by 2 opinions

In this collection (2)

Cites 1 opinion in this collection

S.M. v. Department of Children & Families890 So. 2d 552 (Fla. 5th DCA 2005) · 5D04-3440

S.M., Mother of M.M. a Child, Petitioner,
v.
DEPARTMENT OF CHILDREN AND FAMILIES, Respondent.