Dependency Law Finder

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

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J.D. v. Department of Children & Families5D15-4112

Court
5th DCA
Decided
2016-05-02
Case
Dependency
Appellant
Father
County
Seminole

Reversed Adjudication of dependency reversed on DCF's concession of no competent evidence of abuse, even though only the father appealed.

Issues
Dependency adjudication: sufficiency of evidence, Parties & standing
Law cited
§ 39.01(2)

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
         IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA
                              FIFTH DISTRICT
                                                   NOT FINAL UNTIL TIME EXPIRES TO
                                                   FILE MOTION FOR REHEARING AND
                                                   DISPOSITION THEREOF IF FILED

J.D., FATHER OF A.D., A CHILD,
             Appellant, v.                                                                  Case No. 5D15-4112 DEPARTMENT OF CHILDREN AND FAMILIES,
             Appellee. ________________________________________/ Opinion filed May 5, 2016 Appeal from the Circuit Court for Seminole County, Julian E. Collins, Judge. Sara Howeller, Oviedo, for Appellant. Gale Forman Collins, Appellate Counsel, Guardian ad Litem Program, Sanford, for Guardian ad Litem. Rosemarie Farrell, Children's Legal Services, Department of Children and Families, Orlando, for Appellee.

PER CURIAM.
      J.D. ("Appellant"), father of A.D., a child, appeals the trial court's order adjudicating A.D. dependent. Appellant argues, and the Department of Children and Families properly concedes, that no competent, substantial evidence supports the trial court's finding that Appellant and A.D.'s mother subjected A.D. to abuse as defined by section 39.01(2), Florida Statutes (2015). We agree and reverse the order adjudicating A.D. dependent.1
      REVERSED.

SAWAYA, BERGER, and WALLIS, JJ., concur.


      1  We note that the Guardian ad Litem Program ("GAL") does not concede error, arguing that we must affirm because the order adjudicating A.D. dependent makes findings regarding A.D.'s mother, who did not appeal. We disagree that Appellant lacks standing to challenge the trial court's order in its entirety. Reversal of a dependency adjudication is appropriate where only one parent appeals, despite findings relating to both parents. See, e.g., S.D. v. Dep't of Children & Family Servs., 
42 So. 3d 938, 940
(Fla. 2d DCA 2010). 

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