Dependency Law Finder

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

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Department of Children & Families v. C.G.945 So. 2d 656 (Fla. 5th DCA 2007) · 5D06-835

Court
5th DCA
Decided
2007-01-10
Case
Dependency
Appellant
DCF

Reversed & remanded Dismissal of the dependency petition with prejudice was reversed because DCF was not given the opportunity to amend its petition.

Issue
Right to be heard & hearing procedure
Law cited
Rule 8.310

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

On CourtListener
SAWAYA, J.

The Department of Children and Families argues, and Appellees, the parents, agree, that the trial court erred in dismissing the Department’s dependency petition with prejudice without first giving the Department the opportunity to amend its petition. Fla. R. Juv. P. 8.310; Dep’t of Health & Rehabilitative Servs. v. S.H., 666 So.2d 1039, 1040 (Fla. 1st DCA 1996); In Interest of A.S., 586 So.2d 1072 (Fla. 1st DCA 1991). Therefore, we reverse the order of dismissal and remand this case to the trial court for further proceedings.

REVERSED AND REMANDED.

GRIFFIN and TORPY, JJ., concur.

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