12 opinions cite Rule 8.235
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M.K. v. Department of Children & Families 4D20-1930 · 4th DCA 2021
Termination affirmed; the rule 8.235(c) sworn motion to dismiss does not apply to termination petitions, and evidence showed case plan noncompliance.
…appellant’s parental rights to his child. He argues that the court erred in denying his verified motion to dismiss filed pursuant to Florida Rule of Juvenile Procedure 8.235(c) (2020), and that competent substantial evidence does not support the grounds for termination. We hold that rule 8.235(c) does not apply to termination…
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Department of Children & Families v. R.V. 917 So. 2d 334 · 5D05-642 · 5th DCA 2005
· cited by 3 in all courts
Dismissal of the dependency petition vacated: the unsworn motion was not timely served, the petition was sufficient, and denial of shelter does not control dependency.
…relied on by the Department had already been adjudicated and dismissed the petition. Motions to dismiss in dependency cases are governed by Florida Rule of Juvenile Procedure 8.235(b) and (c): (b) Motion to Dismiss. Any party may file a motion to dismiss any petition or other pleading, setting forth the grounds on which the motion is…
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C.J. v. State 58 So. 3d 392 · 1D10-5174 · 1st DCA 2011
Dismissal of a private dependency petition reversed because the petition's allegations, taken as true, sufficiently alleged dependency and the court relied on unsworn allegations.
…(2010). See Dep't of Children & Families v. R.V., 917 So.2d 334 (Fla. 5th DCA 2005) (noting that motions to dismiss filed pursuant to Florida Rule of Juvenile Procedure 8.235(b) are akin to motions to dismiss for failure to state a cause of action in civil proceedings); Locker v. United Pharm. Group, Inc., 46 So.3d 1126, 1128 …
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C.J. v. State 58 So. 3d 392 · 1D10-5174-2 · 1st DCA 2011
· cited by 1 in all courts
Dismissal of a private dependency petition reversed because the petition's allegations, taken as true, sufficiently alleged dependency and the court relied on unsworn allegations.
…(2010). See Dep’t of Children & Families v. R.V., 917 So.2d 334 (Fla. 5th DCA 2005) (noting that motions to dismiss filed pursuant to Florida Rule of Juvenile Procedure 8.235(b) are akin to motions to dismiss for failure to state a cause of action in civil proceedings); Locker v. United Pharm. Group, Inc., 46 So.3d 1126, 1128 …
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A.R. v. Department of Children & Families 2D20-2477-2 · 2nd DCA 2022
Order striking a biological sibling's filings and sibling-visitation motion was reversed because due process required notice and a hearing on whether her participation served the child's best interests.
…chapter be provided to certain identified persons and "all other parties and participants"); see also § 39.01(57), (58) (defining party and participant); Fla. R. Juv. P. 8.235(a) (providing for the filing of motions by a party). 6 Section 39.502(6), Florida Statutes (2020), creates a duty…
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A.R. v. Department of Children & Families 2D20-2477 · 2nd DCA 2021
Order striking a sibling's filings seeking sibling visitation reversed because due process required notice and a hearing on whether her participation served the child's interests.
…chapter be provided to certain identified persons and "all other parties and participants"); see also § 39.01(57), (58) (defining party and participant); Fla. R. Juv. P. 8.235(a) (providing for the filing of motions by a party). 6 Statutes (2020). A.R. is not a parent, the Department, or…
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C.H., Sr. v. in the Adoption of: N.K. 2D20-1990 · 2nd DCA 2021
Dismissal of a grandfather's adoption petition affirmed because it was premature and filed in the wrong division, though he had standing to refile.
…that the Grandfather was not a party to the proceedings, citing section 39.01(58), Florida Statutes (2019), and Florida Rules of Juvenile Procedure 8.210(a) and 8.235(a). The GALP also contended that the Grandfather could not "be made a party by the court" pursuant to J.P. v. Department of Children & Family Services, 12 So.…
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In re Amendments to the Florida Rules of Juvenile Procedure 26 So. 3d 552 · SC09-141 · Florida Supreme Court 2009
· cited by 7 in all courts
…the proposed amendment. Substantive comments also were filed by the Department of Children and Families with regard to the proposed amendments to rules 8.225, 8.235, 8.257, 8.265, and 8.310. Oral argument was heard in this case on June 4, 2009. AMENDMENTS Upon consideration of the Committee's report, the comments…
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In re Amendments to the Florida Rules of Juvenile Procedure SC21-627 · Florida Supreme Court 2021
…With permission of the court, the attorney may arrange for supplemental or separate counsel to represent the child in appellate proceedings. RULE 8.235. MOTIONS (a) Motions in General. An application to the court for an order shallmust be made by motion which shallmust be in writing unless made…
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In re Amendments to the Florida Rules of Civil Procedure 102 So. 3d 451 · SC11-399 · Florida Supreme Court 2012
· cited by 12 in all courts
…this rule, it may be stricken and the action may proceed as though the pleading or paperdocument had not been filed. *479 Committee Notes [No Change] RULE 8.235.-RULE 8.292. [No Change] B. TAKING CHILDREN INTO CUSTODY AND SHELTER HEARINGS RULE 8.300.-RULE 8.305. [No Change] C. PETITION, ARRAIGNMENT,…
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Amendments to the Rules of Juvenile Procedure 783 So. 2d 138 · SC00-644 · Florida Supreme Court 2000
· cited by 8 in all courts
…These requirements also should apply to nonattorneys who sign and file papers. This change conforms to proposed changes for rules 8.085 and 8.640. RULE 8.235. MOTIONS (a) Motions in General. An application to the court for an order shall be made by motion which shall be in writing unless made during a hearing;…
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In re Amendments to the Florida Rules of Juvenile Procedure 608 So. 2d 478 · SC79591 · Florida Supreme Court 1992
· cited by 8 in all courts
…attorneys. These requirements also should apply to nonattomeys who sign and file papers. This change conforms to proposed changes for rules 8.085 and 8.640. RULE 8.235. MOTIONS (a) Motions in General. An application to the court for an order shall be made by motion which shall be in writing unless made during a hearing;…
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(a) Motions in General. An application to the court for an order must be made by motion which must be in writing unless made during a hearing; must be signed by the party making the motion or by the party’s attorney; must state with particularity the grounds therefor; and must set forth the relief or order sought. The requirement of writing is fulfilled if the motion is stated in a written notice of the hearing of the motion or in a written report to the court for a scheduled hearing provided the notice or report are served on the parties as required by law.
(b) Motion to Dismiss. Any party may file a motion to dismiss any petition, allegation in the petition, or other pleading, setting forth the grounds on which the motion is based. If a motion to dismiss the petition is granted when a child is being sheltered under an order, the child may be continued in shelter under previous order of the court upon the representation that a new or amended petition will be filed.
(c) Sworn Motion to Dismiss. Before the adjudicatory hearing the court may entertain a motion to dismiss the petition or allegations in the petition on the ground that there are no material disputed facts and the undisputed facts do not establish a prima facie case of dependency. The facts on which such motion is based must be specifically alleged and the motion sworn to by the party. The motion must be filed a reasonable time before the date of the adjudicatory hearing. The opposing parties may traverse or demur to this motion. Factual matters alleged in the motion must be deemed admitted unless specifically denied by an opposing party in a written traverse or demurrer. The motion must be denied if an opposing party files a written traverse that with specificity denies under oath the material fact or facts alleged in the motion to dismiss. The traverse or demurrer must be filed a reasonable period of time before the hearing on the motion to dismiss.
(d) Motion to Sever. A motion may be made for a severance of 2 or more counts of a multi-count petition, or for the severance of the cases of 2 or more children alleged to be dependent in the same petition. The court may grant motions for severance of jointly- brought cases for good cause shown.
Amendments since the 1991 renumbering
From the Florida Bar edition's table of amending opinions. Where it lists a range of rules ("8.400–8.410"), each rule in the range today is listed.
- Eff. 2022-01-01 Amended · 345 So. 3d 255
- Eff. 2009-11-12 Amended · 24 So.3d 47
- Eff. 2001-01-01 Amended · 783 So.2d 138
- Eff. 1999-07-01 Amended · 753 So.2d 1214
- Eff. 1993-01-01 Amended · 608 So.2d 478
- Eff. 1991-07-01 Amended · 589 So.2d 818
Committee notes (1)
1992 Amendment. This rule allows any party to move for dismissal based on the grounds that there are no material facts in dispute and that these facts are not legally sufficient to prove dependency.