Dependency Law Finder

1. A.P. v. Department of Children & Families 1D20-3693 · 1st DCA 2021

   Affirmed This opinion cites Rule 8.265 15 times: (a)(4), (b)(1), (b)(3), (c)(1), and the section generally

   Termination of rights to all four children affirmed on two grounds; rehearing on the two older children was proper and best interests supported.

   …rehearing following the denial of TPR as to J.F. and F.S. and following the subsequent evidentiary hearing spanning three more days on that motion. See Fla. R. Juv. P. 8.265. In its written order filed in November 2020, the court reiterated its findings of the statutory grounds and least restrictive means elements for TPR as to…

2. L. v. Department of Children & Families 2D2025-3312 · 2nd DCA 2026

   Certiorari / writ granted This opinion cites Rule 8.265 3 times: (b)(4), and the section generally

   Certiorari granted and the order denying the father's reunification motion quashed because it lacked the findings required by section 39.621(10)(c).

   …"require the filing of a motion for rehearing to preserve challenges to the sufficiency of an order." Id. at 598. Since the issuance of D.P., Florida Rule of Juvenile Procedure 8.265(b)(4) has been amended to require such preservation in a motion for rehearing of a final order. See Fla. R. Juv. P. 8.265(b)(4) ("To preserve for appeal a…

3. J.R.B. v. Department of Children & Families 1D20-1206 · 1st DCA 2020

   Dismissed This opinion cites Rule 8.265 3 times: (b)(1), (b)(3)

   The father's appeal of a dependency adjudication was dismissed as untimely because his rehearing motion did not toll the appeal deadline under the juvenile rules.

   …Procedure, the appeal deadline was not tolled. In a juvenile case, a party may move for rehearing within 10 days after rendition of an order. See Fla. R. Juv. P. 8.265(b)(1). Because of the time-sensitive nature of these juvenile cases, a motion for rehearing does not toll the time for appeal. Fla. R. Juv. P. 8.265(b)(3). Instead,…

4. Department of Children & Families v. McShea 913 So. 2d 722 · 5D04-4095 · 5th DCA 2005

   Dismissed This opinion cites Rule 8.265 3 times: (3), and the section generally

   · cited by 1 in all courts

   DCF's appeal of a retroactive relative caregiver funding order was dismissed as untimely because a rehearing motion does not toll the appeal deadline.

   …to said award, no direct appeal was filed. Instead, DCF filed a motion for rehearing arguing that the award violated the doctrine of separation of powers. Rule 8.265 of the Florida Rules of Juvenile Procedure recognizes the right to file a motion for rehearing in dependency matters; however, the rule specifically states…

5. B.S. v. Department of Children & Families 246 So. 3d 479 · 1D17-2515 · 1st DCA 2018

   Dismissed This opinion cites Rule 8.265 2 times: (b)(3)

   · cited by 3 in all courts

   Grandmother's appeal from dismissal of her post-TPR adoption petition dismissed as untimely; juvenile rules apply, so her rehearing motion did not toll the appeal deadline.

   …In contrast, the Florida Rules of Juvenile Procedure explicitly state that a motion for rehearing “shall not toll the time for the taking of an appeal.” Fla. R. Juv. P. 8.265(b)(3). Accordingly, if the Family Law Rules of Procedure govern the order under review, this appeal is timely, but if the Rules of Juvenile Procedure govern the…

6. R.W. v. Department of Children & Families 164 So. 3d 15 · 1D14-3682 · 1st DCA 2015

   Affirmed This opinion cites Rule 8.265 2 times: (b)(1), and the section generally

   · cited by 3 in all courts

   Termination after the mother's surrender affirmed; review of the denial of her motion to set aside the surrender dismissed because she never appealed that order.

   …to the termination of his parental rights and he did not appeal the final judgment. . The motion cannot be construed as a motion for rehearing under rule 8.265 because the motion was filed more than 10 days after entry of the judgment terminating Appellant’s parental rights. See Fla. R. Juv. P. 8.265(b)(1). And,…

7. C.R. v. Department of Children & Family Services 53 So. 3d 240 · 3D09-2833 · 3rd DCA 2011

   Reversed & remanded This opinion cites Rule 8.265 2 times: (b)(1)

   Order vacating a final withheld-adjudication dependency order reversed; the court should have kept it and made supplemental findings when the father later appeared.

   …decision to vacate the dependency order constituted error. A motion for rehearing must be filed within ten days of the issuance of an order. See Fla. R. Juv. P. 8.265(b)(1). Here, the record does not show that any party filed or requested such a motion. A motion for relief from judgments or orders is permitted only for the four…

8. H.C. v. Department of Children & Families 3D2025-2336 · 3rd DCA 2026

   Affirmed This opinion cites Rule 8.265 1 time: (b)(4)

   Termination affirmed because the mother's due process and missing-findings arguments were not raised below or preserved by rehearing motion, or were not briefed.

   …due process rights were violated . . . was raised for the first time in this appeal, and therefore was not preserved for appellate review.”); Fla. R. Juv. P. 8.265(b)(4) (“To preserve for appeal a challenge to the failure of the trial court to make required findings of fact in the final order, a party must raise that issue…

9. K.H. v. Department of Children & Families 1D2025-1718 · 1st DCA 2026

   Affirmed This opinion cites Rule 8.265 1 time: (b)

   Termination for case plan noncompliance affirmed; the court's adoption of a party-prepared judgment did not require reversal.

   …rights, along with clear and convincing evidence that terminating parental rights is in the best interests of the child.”). As such, we affirm. See Fla. R. Juv. P. 8.265(b) & 8.270(b); see also In re T.D., 924 So. 2d 827, 831 (Fla. 2d DCA 2005) (“Neither B.T., nor any of the other post-Berg- Perlow decisions of this court,…

10. S.B. v. Department of Children & Families 3D2024-1573 · 3rd DCA 2025

    Affirmed This opinion cites Rule 8.265 1 time: (b)(3)

    Adjudication of dependency affirmed; the court kept jurisdiction after ruling orally on rehearing, and an infant sibling's neglect-related death supported imminent risk to the children.

    … In arguing the trial court lacked jurisdiction to enter the amended order, 2 the Mother relies on Florida Rule of Juvenile Procedure 8.265(b)(3), which provides: “The court must rule on the motion for rehearing within 10 days of filing or it is deemed denied.” She contends the motion was deemed…

11. M.S. v. Guardian ad Litem Program 3D22-1108 · 3rd DCA 2022

    Certiorari / writ denied This opinion cites Rule 8.265 1 time: (a)(4)

    Certiorari denied; the court properly barred a post-trial deposition of a recanting child sexual-abuse witness for good cause and ordered her to testify in court.

    …would probably have changed the court’s decision and could not with reasonable diligence have been discovered before and produced at the hearing.” Fla. R. Juv. P. 8.265(a)(4). Petitioner filed an emergency motion to depose the child in advance of the hearing. Both the Department and the court-appointed guardian ad…

12. B.A. v. Department of Children & Families 4D20-1335-2 · 4th DCA 2021

    Affirmed This opinion cites Rule 8.265 1 time: (a)(4)

    On rehearing, termination affirmed despite the five-month delay in the written order because the mother did not preserve the delay claim or show prejudice.

    …would probably have changed the court’s decision and could not, with reasonable diligence, have been discovered before and produced at the hearing.” Fla. R. Juv. P. 8.265(a)(4) & (b)(1) (2019). In her initial brief, the Mother argued that the delay in entering the TPR order resulted in an order “based on stale information, not…

13. X.T. v. Department of Children & Families 1D19-2974 · 1st DCA 2020

    Affirmed This opinion cites Rule 8.265 1 time: (a)

    Termination affirmed because the parents did not preserve objections to unpleaded grounds in the order, and the missing ineffective-counsel notice caused no due process violation.

    …The rules governing TPR proceedings authorize a motion for 8 rehearing on an expedited timeline in a TPR case. See Fla. R. Juv. P. 8.265(a)–(b) (allowing any party to move for rehearing on various legal grounds within ten days of entry of the order). A motion for rehearing by Mr. B.T. or X.T. as…

14. B.T. v. Department of Children & Families 1D19-2788 · 1st DCA 2020

    Affirmed This opinion cites Rule 8.265 1 time: (a)

    Termination affirmed: the parents failed to preserve their objection to unpleaded grounds in the order, and missing rule 8.530 notice caused no prejudice.

    …The rules governing TPR proceedings authorize a motion for 8 rehearing on an expedited timeline in a TPR case. See Fla. R. Juv. P. 8.265(a)–(b) (allowing any party to move for rehearing on various legal grounds within ten days of entry of the order). A motion for rehearing by Mr. B.T. or X.T. as…

15. J.B. v. Department of Children & Families 1D13-4346 · 1st DCA 2014

    Affirmed This opinion cites Rule 8.265 1 time, the section generally

    Termination affirmed because counsel's ineffectiveness was not apparent on the record; the court applied Strickland and certified questions on the standard and procedure.

    …E.T., 930 So. 2d at 728 n. 4. To the extent such claims could be raised before the trial court in a timely motion for rehearing pursuant to Florida Rule of Juvenile Procedure 8.265, it is very unlikely trial counsel would file a motion challenging his or her own effectiveness. Moreover, attempts to raise ineffective assistance claims…

16. J.B. v. Department of Children & Families 158 So. 3d 653 · 1D13-4346-2 · 1st DCA 2014

    Affirmed This opinion cites Rule 8.265 1 time, the section generally

    · cited by 2 in all courts

    Termination affirmed because counsel's ineffectiveness was not apparent on the record; the court applied Strickland and certified questions on the standard and procedure.

    …E.T., 930 So. 2d at 728 n. 4. To the extent such claims could be raised before the trial court in a timely motion for rehearing pursuant to Florida Rule of Juvenile Procedure 8.265, it is very unlikely trial counsel would file a motion challenging his or her own effectiveness. Moreover, attempts to raise ineffective assistance claims…

17. A.J.L. v. R.H. 135 So. 3d 1088 · 2D11-6258 · 2nd DCA 2012

    Certiorari / writ denied This opinion cites Rule 8.265 1 time: (a)

    Certiorari denied; vacating a paternity judgment for a non-biological boyfriend and letting the biological father intervene did not violate essential requirements of law.

    …S.P. was the biological father of J.L. The trial court declared the Mother’s motion moot and vacated the judgment of paternity pursuant to Florida Rule of Juvenile Procedure 8.265(a) based on invited error in that no one had ever advised the trial court that DNA testing revealed that A.J.L. was not the biological father of J.L. Because A.…

18. In re A.W.P., Jr. 14 So. 3d 1240 · 2D09-312 · 2nd DCA 2009

    Affirmed This opinion cites Rule 8.265 1 time: (b)(3)

    · cited by 2 in all courts

    Appeal of nonfinal placement order dismissed for lack of jurisdiction; denial of the father's relief-from-judgment motion affirmed because the underlying order was nonappealable and moot.

    …14, 2008. The motion for rehearing of the January 17, 2008, order did not toll the time to file a notice of appeal of the January 17, 2008, order. See Fla. R. Juv. P. 8.265(b)(3) ("A motion for rehearing shall not toll the time for the taking of an appeal."). In addition, in C.V. v. Department of Children & Family Services, ___ So.3d…

19. In re C.D. 867 So. 2d 405 · 2D03-2638 · 2nd DCA 2003

    Reversed & remanded This opinion cites Rule 8.265 1 time, the section generally

    · cited by 1 in all courts

    Termination reversed because the unrepresented father was defaulted for arriving three minutes late and his timely letter was never treated as a rehearing motion.

    …the trial court explaining the circumstances that caused him to be late. The trial court should have treated this letter as a motion for rehearing. See Fla. R. Juv. P. 8.265. Instead, the trial court made no ruling on the letter and entered final judgment terminating the father's parental rights on March 20, 2003. Counsel was not…

20. T.E.D. v. Department of Children & Family Services 867 So. 2d 405 · 2D03-2638-2 · 2nd DCA 2003

    Reversed & remanded This opinion cites Rule 8.265 1 time, the section generally

    · cited by 3 in all courts

    Termination reversed because the unrepresented father was defaulted for arriving three minutes late and his timely letter was never treated as a rehearing motion.

    …the trial court explaining the circumstances that caused him to be late. The trial court should have treated this letter as a motion for rehearing. See Fla. R. Juv. P. 8.265. Instead, the trial court made no ruling on the letter and entered final judgment terminating the father’s parental rights on March 20, 2003. Counsel was not…

21. In re B.B. 858 So. 2d 1184 · 2D03-66 · 2nd DCA 2003

    Reversed & remanded This opinion cites Rule 8.265 1 time, the section generally

    · cited by 1 in all courts

    Dependency reversed because the father, minutes late in a rainstorm, was defaulted, no timely disposition hearing was held, and his withdrawal motion was summarily denied.

    …the consent pursuant to this rule with a valid explanation for the absence. [4] In the alternative, a party may seek rehearing pursuant to Florida Rule of Juvenile Procedure 8.265. We can think of few better reasons to permit a party to withdraw such a consent or to obtain rehearing than a situation in which the consent was presumed…

22. S.B. v. Department of Children & Family Services 858 So. 2d 1184 · 2D03-66-2 · 2nd DCA 2003

    Reversed & remanded This opinion cites Rule 8.265 1 time, the section generally

    · cited by 6 in all courts

    Dependency reversed because the father, minutes late in a rainstorm, was defaulted, no timely disposition hearing was held, and his withdrawal motion was summarily denied.

    …the consent pursuant to this rule with a valid explanation for the absence. 4 In the alternative, a party may seek rehearing pursuant to Florida Rule of Juvenile Procedure 8.265. We can think of few better reasons to permit a party to withdraw such a consent or to obtain rehearing than a situation in which the consent was presumed…

23. L.L.N. v. Department of Children & Families 840 So. 2d 1172 · 5D02-109 · 5th DCA 2003

    Affirmed This opinion cites Rule 8.265 1 time: (b)

    · cited by 1 in all courts

    Untimely notice of appeal was treated as a belated appeal and granted; termination affirmed because notice was adequate and the record supported it.

    …jurisdiction to amend the order because no motion for rehearing was filed within ten days of entry of the original order, as required by Florida Rule of Juvenile Procedure 8.265(b). Nor did the mother move for relief from judgment pursuant to Florida Rule of Juvenile Procedure 8.270. Because no motion was filed, the time for taking an…

24. Bailey v. Department of Health & Rehabilitative Services 703 So. 2d 1224 · 5D96-3562 · 5th DCA 1998

    This opinion cites Rule 8.265 1 time: (b)

    · cited by 3 in all courts

    …the parents in this case had to establish fraud or duress, was a termination case. That court relied on section 39.464(1), Florida Statutes, Florida Rule of Juvenile Procedure 8.265(b), and an adoption case, Matter of Adoption of Doe, 543 So.2d 741 (Fla.1989). None of these authorities is relevant to this dependency proceeding. The…

25. In Interest of J.R.G. 624 So. 2d 273 · 2D92-02703 · 2nd DCA 1993

    This opinion cites Rule 8.265 1 time: (b)

    · cited by 5 in all courts

    …to withdraw her consent, the judgment had been "announced" long before that time and was only subject to reconsideration by a motion for rehearing. Fla. R.Juv.P. 8.265(b). By then, P.G. no longer had an unfettered right to withdraw her consent. *275 Because we are affirming the order terminating parental rights, it is…

26. In re Amendments to the Florida Rules of Juvenile Procedure 26 So. 3d 552 · SC09-141 · Florida Supreme Court 2009

    Rule amendment This opinion cites Rule 8.265 10 times, the section generally

    · cited by 7 in all courts

    …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 and responses…

27. Amendments to Florida Rules of Juvenile Procedure 827 So. 2d 219 · SC02-117 · Florida Supreme Court 2002

    Rule amendment This opinion cites Rule 8.265 2 times, the section generally

    · cited by 1 in all courts

    … The Committee has proposed amendments to Florida Rules of Juvenile Procedure 8.030, 8.031, 8.085, 8.110, 8.185, 8.201, 8.210, 8.225, 8.245, 8.255, 8.265, 8.275, 8.345, 8.525, and 8.635, and Florida Rules of Juvenile Procedure Forms 8.959, 8.960, 8.967, and 8.979. Further, the Committee has proposed new Form…

28. In re Amendments to the Florida Rules of Juvenile Procedure SC21-627 · Florida Supreme Court 2021

    Rule amendment This opinion cites Rule 8.265 1 time, the section generally

    …unless the jurisdiction of the dependency court has been terminated. These orders may be filed under seal and need not be open to inspection by the public. RULE 8.265. MOTION FOR REHEARING (a) Basis. After the court has entered an order, any party may move for rehearing upon one or more of the following…

29. Amendments to the Florida Rules of Juvenile Procedure 684 So. 2d 756 · SC87656 · Florida Supreme Court 1996

    Rule amendment This opinion cites Rule 8.265 1 time, the section generally

    · cited by 1 in all courts

    …notice-of all pleadings to determine if their-involvement as parties-is required- 1992 Amendment. — (b)(1) The language appears to be unnecessary. *772 RULE 8.265. MOTION FOR REHEARING (a) Basis. After the court has entered an order, following an-adjudicatory hearing, a termination of parental-rights hearing, a…

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