Dependency Law Finder

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

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H.R.G., Jr. v. Department of Children & Families5D18-692-2

Court
5th DCA
Decided
2018-04-23
Case
TPR
Appellant
Father
County
Orange

Affirmed Termination affirmed on the two pleaded grounds; remanded to strike an unpleaded section 39.806(1)(c) reference from the judgment as a clerical error.

Issues
TPR: sufficiency of evidence, general Affirmed, Written findings & sufficiency of the order Reversed & remanded
Law cited
§ 39.806(1)(c)

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

H.R.G., JR., FATHER OF H.G., III, A CHILD,
              Appellant, v.                                                     Case No. 5D18-692 DEPARTMENT OF CHILDREN AND FAMILIES,
              Appellee. ________________________________/ Opinion filed April 24, 2018 Appeal from the Circuit Court of Orange County, Daniel Dawson, Judge. Ryan Thomas Truskoski, of Ryan Thomas Truskoski, P.A, Orlando, for Appellant. Kelley Schaeffer, of Children’s       Legal Services, Bradenton, for Appellee. C. Andrew Roy, of Winderweedle, Haines, Ward & Woodman, P.A., Winter Park, for Guardian ad Litem.

 PER CURIAM.
       We affirm the final judgment terminating Appellant’s parental rights to the minor child on the two statutory grounds pleaded, but we remand to the trial court to strike its reference to section 39.806(1)(c), Florida Statutes (2017), in the final judgment as an additional reason for termination. This was clearly an inadvertent clerical error by the court, as the Department of Children and Families did not plead section 39.806(1)(c) as a ground for termination of Appellant’s parental rights nor did it attempt to present evidence or argument at trial under this statute.
       AFFIRMED, but REMANDED for correction of clerical error. SAWAYA, PALMER and LAMBERT, JJ., concur.

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