Dependency Law Finder

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

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E.M.M. v. Department of Children & Families706 So. 2d 953 (Fla. 5th DCA 1998) · 5D97-4273

Court
5th DCA
Decided
1998-03-18
On CourtListener
PER CURIAM.

This appeal is dismissed for lack of jurisdiction. See G.L.S. v. Department of Children and Families, 700 So.2d 96 (Fla. 1st DCA 1997)(adjudicatory order in which parental rights are terminated is final, appeal-able, order), petition for review pending, Case No. 91,771 (Fla., filed Nov. 7, 1997). However, the dismissal is without prejudice to appellant’s right to file a petition for a writ of habeas corpus in the trial court, seeking a belated appeal. In the Interest of E.H., 609 So.2d 1289 (Fla.1992). As we did in G.L.S., we certify conflict with the decisions of the Fifth District Court of Appeal in Moore v. Department of Health and Rehabilitative *954Services, 664 So.2d 1137 (Fla. 5th DCA 1995), and Lewis v. Department of Health and Rehabilitative Services, 670 So.2d 1191 (Fla. 5th DCA 1996).

APPEAL DISMISSED.

WOLF, WEBSTER and DAVIS, JJ., concur.

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