766 So.2d 1259 (2000)

L.B., As Parent of L.B. and L.P.G., Children, Appellant,
v.
DEPARTMENT OF CHILDREN AND FAMILIES, Appellee.

No. 5D99-3351.

District Court of Appeal of Florida, Fifth District.

September 29, 2000.

Thomas C. Greene, Sanford, for Appellant.

James A. Sawyer, Jr., Orlando, for Appellee.

PER CURIAM.

L.B., mother of L.B. and L.P.G. appeals from an order declaring her children to be dependent. She correctly contends that the order is deficient because it fails to set forth findings of fact upon which the order is based.

Section 39.507(6), Florida Statutes (1999) requires that in adjudicating a child dependent, a trial judge shall state in the order the facts upon which the finding is made. Florida Rule of Juvenile Procedure 8.330(g) similarly requires the trial court to specify the facts upon which a finding of dependency was made. See M.E.G. v. Department of Children and Families, 754 So.2d 879 (Fla. 5th DCA 2000); McKenzie v. Department of Health & Rehabilitative Services, 663 So.2d 682 (Fla. 5th DCA 1995). Admittedly, no such findings of fact were incorporated into the dependency order appealed from.

The order appealed from is quashed, and the cause is remanded to the trial court for further proceedings consistent herewith. If the senior judge who entered the order is available and has sufficient recollection of the evidence, the order appealed from may be supplemented by findings of fact which support its conclusion and should likewise comport with Rule 8.330(g). If the senior judge is unable to reconstruct the record or is unavailable, a new hearing shall be held.

ORDER QUASHED and REMANDED.

W. SHARP, and HARRIS, JJ., and ORFINGER, M., Senior Judge, concur.

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

Cited by 4 opinions

In this collection (4)

T.P. v. Department of Children & Families 5D06-1562 · 5th DCA 2007Affirmed Dependency affirmed because the mother's excessive corporal discipline harmed the children; remanded only to clarify supervised versus unsupervised visitation.
T.M. v. Department of Children & Families 5D01-2332 · 5th DCA 2002Reversed & remanded Dependency order vacated and remanded because the court stated its abandonment finding as to the mother orally but not in the written order.
S.L. v. Department of Children & Families 5D00-2832 · 5th DCA 2001Reversed & remanded Dependency adjudication based on spanking with a belt was reversed because the order lacked adequate factual findings, as the Department conceded.
J.C.G. v. Department of Children & Families 5D00-1964 · 5th DCA 2001Reversed & remanded Abandonment-based dependency order vacated because it stated no factual findings; the evidence challenge and vagueness attack on the abandonment definition were rejected.

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Cites 2 opinions in this collection

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

M.E.G. v. Department of Children & Families 5D99-2176 · 5th DCA 2000Termination reversed: no dependency order with findings was ever entered, so the mother could not appeal it, yet was barred from challenging it at trial.
McKenzie v. Department of Health & Rehabilitative Services 5D94-2261 · 5th DCA 1995

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L.B. v. Department of Children & Families766 So. 2d 1259 (Fla. 5th DCA 2000) · 5D99-3351

L.B., As Parent of L.B. and L.P.G., Children, Appellant,
v.
DEPARTMENT OF CHILDREN AND FAMILIES, Appellee.

Cited by 4 opinions

In this collection (4)

Cites 2 opinions in this collection

L.B. v. Department of Children & Families766 So. 2d 1259 (Fla. 5th DCA 2000) · 5D99-3351 Copy citation

L.B., As Parent of L.B. and L.P.G., Children, Appellant, v. DEPARTMENT OF CHILDREN AND FAMILIES, Appellee.

Cited by 4 opinions

In this collection (4)

Cites 2 opinions in this collection

L.B. v. Department of Children & Families766 So. 2d 1259 (Fla. 5th DCA 2000) · 5D99-3351

L.B., As Parent of L.B. and L.P.G., Children, Appellant,
v.
DEPARTMENT OF CHILDREN AND FAMILIES, Appellee.