Dependency Law Finder

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

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K.M.B. v. Department of Children & Families6D2025-1666

Court
6th DCA
Decided
2025-07-24
Case
Other Chapter 39
Appellant
Other

Dismissed Emergency petition for belated appeal dismissed without prejudice to filing a habeas petition in the trial court, the proper route for a counsel-caused missed appeal.

Issue
Appellate jurisdiction & timeliness

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 
                  SIXTH DISTRICT COURT OF APPEAL
                         STATE OF FLORIDA
                        _____________________________
                             Case No. 6D2025-1666
                       Lower Tribunal No. 2023-DP-000265
                        _____________________________
                    In the Interest of J.J.L. and K.E.B., children.
                                       K.M.B.,
                                      Petitioner,
                                          v.
                     DEPARTMENT OF CHILDREN AND FAMILIES,
                                     Respondent.
                        _____________________________
                            Petition for Belated Appeal.
                          A Case of Original Jurisdiction.
                                    July 24, 2025 PER CURIAM.
      The emergency petition for belated appeal is dismissed without prejudice to Petitioner to file a petition for writ of habeas corpus in the lower tribunal. See A.D. v. Dep’t of Child. & Fam.,
355 So. 3d 568
-69 (Fla. 1st DCA 2023) (“The proper avenue for a parent to seek relief, when claiming entitlement to a belated appeal of the termination of parental rights due to an error or omission of counsel, is to file a petition for writ of habeas corpus in the trial court.” (citing In the Int. of E.H.,
609 So. 2d 1289
 (Fla. 1992))).
      DISMISSED. TRAVER, C.J., and STARGEL and NARDELLA, JJ., concur.

Leslie A. Lasseigne, of Lasseigne & Ladner, P.A., Haines City, for Petitioner. No Appearance for Respondent.

  NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING
           AND DISPOSITION THEREOF IF TIMELY FILED

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