Dependency Law Finder

1. Guardian ad Litem Program v. T.M. 2D22-2501 · 2nd DCA 2022

   Reversed & remanded This opinion cites Rule 8.270 11 times: (b), (b)(1), (b)(4), and the section generally

   Supplemental adjudication reversed because the trial court wrongly refused to consider on the merits the guardian ad litem's rule 8.270 challenge to a birth-certificate parent's status.

   …3d 473, 478– 79 (Fla. 5th DCA 2014))). The GALP properly invoked the court's authority to revisit its order by filing a motion pursuant to Florida Rule of Juvenile Procedure 8.270. Rule 8.270(b) empowers the court to provide "[e]xtraordinary [r]elief" to parties "from an order, judgment, or proceeding" under certain circumstances that…

2. In re E.K. 33 So. 3d 125 · 2D09-3487 · 2nd DCA 2010

   Affirmed This opinion cites Rule 8.270 9 times: (a), (b), and the section generally

   · cited by 3 in all courts

   Denial of the father's rule 8.270 motion alleging ineffective counsel affirmed because the rule is not a vehicle for such claims; questions certified.

   …set aside the order of termination based on the alleged ineffective assistance of his trial counsel. The Father filed his motion pursuant to Florida Rule of Juvenile Procedure 8.270(b), which provides for relief from final judgments or orders under certain circumstances. While the Father's motion was pending, the trial court entered a final…

3. D.H. v. T.N.L. 191 So. 3d 943 · 4D15-3918 · 4th DCA 2016

   Affirmed in part, reversed in part This opinion cites Rule 8.270 8 times: (b), (b)(4), and the section generally

   Contempt finding reversed as fundamental error because the court made no finding of present ability to pay; denial of rule 8.270 relief affirmed.

   …Ad Litem Program. TAYLOR, J. The father, D.H., timely appeals an order finding him in contempt and denying his motion for relief under Florida Rule of Juvenile Procedure 8.270. We affirm the denial of his motion for relief but reverse the finding of contempt. This case has its genesis in dependency court, where the child…

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

   Affirmed This opinion cites Rule 8.270 5 times: (a), (b), (b)(4)

   · 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.

   …trial court thereafter entered a final judgment terminating the mother’s parental rights to the child. The mother filed a motion pursuant to Florida Rule of Juvenile Procedure 8.270(a) in which she argued, among other things, that the judgment was inconsistent with the trial court’s oral ruling on the mother’s visitation rights pending…

5. L.W. v. Department of Children & Families 812 So. 2d 551 · 1D01-368 · 1st DCA 2002

   Reversed & remanded This opinion cites Rule 8.270 4 times: (b), (b)(1)

   · cited by 20 in all courts

   Parents are entitled to competent appointed counsel in dependency proceedings and may challenge counsel's competence by habeas corpus; remanded to consider the petitions on the merits.

   …orders of adjudication and disposition on account of the incompetence of their original appointed attorney. The relief was sought pursuant to Florida Rule of Juvenile Procedure 8.270(b)(1) or, in the alternative, by a writ of habeas corpus. In their petitions (which are substantively identical), the parents alleged that the father had been…

6. T.P.. v. Department of Children & Families 4D2024-1178 · 4th DCA 2025

   Affirmed This opinion cites Rule 8.270 3 times: (b)(2), and the section generally

   Denial of the parents' third and fourth motions for extraordinary relief affirmed; the parents lacked due diligence and offered only cumulative expert opinion, not newly discovered evidence.

   …follows. Analysis The trial court’s denial of a motion for extraordinary relief filed pursuant to Florida Rule of Juvenile Procedure 8.270 is reviewed for an abuse of discretion. See S.K. v. Dep’t of Child. & Fams., 839 So. 2d 876, 876 (Fla. 4th DCA 2003). We have previously reviewed the…

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

   Affirmed This opinion cites Rule 8.270 3 times: (a), (b), and the section generally

   · 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.

   …2008, the Father filed in the circuit court a motion for relief from judgment *1242 from the November 9, 2007, order, citing rule 1.540 and Florida Rule of Juvenile Procedure 8.270, the rule applicable to motions for relief from orders in dependency cases. In the meantime, the child's school counselor filed a motion to modify physical…

8. Department of Children & Families v. J.J.E. 953 So. 2d 659 · 5D06-1797 · 5th DCA 2007

   Affirmed This opinion cites Rule 8.270 3 times: (b)(4), and the section generally

   · cited by 2 in all courts

   Order voiding the father's termination affirmed because DCF failed to conduct a diligent search before serving him by publication.

   …the issue of whether jurisdiction had been obtained over the father be considered by the dependency court employing the procedure found in Florida Rules of Juvenile Procedure 8.270(b)(4), which governs relief from an order or judgment because the order or judgment is void. Cf., Paladin Props. v. Family Inv. Enters., 952 So.2d 560 (Fla.…

9. V.B. v. State 944 So. 2d 1185 · 1D06-1905 · 1st DCA 2006

   This opinion cites Rule 8.270 3 times: (b)(1), and the section generally

   …Delinquency Minutes from the August 29 hearing state: "No restitution on this case." Four months later, the state moved for relief under Florida Rule of Juvenile Procedure 8.270(b)(1), [1] alleging that the prosecutor had erroneously announced at the August 29, 2005, hearing that the state was not seeking restitution, because it mistakenly…

10. V.B. v. State 944 So. 2d 1185 · 1D06-1905-2 · 1st DCA 2006

    This opinion cites Rule 8.270 3 times: (b)(1), and the section generally

    · cited by 6 in all courts

    BENTON, J., concurring in judgment. Florida Rule of Juvenile Procedure 8.270 appears in Part II of the rules, which is devoted to “DEPENDENCY AND TERMINATION OF PARENTAL RIGHTS PROCEEDINGS.” Florida Rule of Juvenile Procedure…

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

    Affirmed This opinion cites Rule 8.270 2 times: (b)(4), 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.

    … A.P. then moved to vacate the court’s order granting DCF’s motion for rehearing and terminating her parental rights as to J.F. and F.S. See Fla. R. Juv. P. 8.270. In that motion A.P. asserted for the first time that the September 25th order was not timely entered under rule 8.265(b)(3). She therefore claimed that it…

12. A.C. v. Department of Children & Families 181 So. 3d 574 · 4D15-4380 · 4th DCA 2016

    Affirmed in part, reversed in part This opinion cites Rule 8.270 2 times, the section generally

    Denial of the mother's motion to vacate the termination for lack of standing reversed for an evidentiary hearing; denial of a stay of adoption affirmed.

    …without further comment. We reverse the order denying the motion to vacate the order of termination of parental rights “based on lack of standing.” See Fla. R. Juv. P. 8.270; see also Schleger v. Stebelsky, 957 So. 2d 71 (Fla. 4th DCA 2007) (“motion for relief from judgment should not be summarily denied without an evidentiary…

13. J.B. v. Department of Children & Families 170 So. 3d 780 · SC14-1990 · Florida Supreme Court 2015

    Other This opinion cites Rule 8.270 2 times, the section generally

    · cited by 26 in all courts

    Supreme Court held the right to counsel in termination cases includes effective assistance, set a test and interim procedure, and approved denying this mother relief.

    …where counsel failed to file timely notice of appeal); see also E.K., 33 So. 3d at 126 (holding that motion for relief from judgment under Florida Rule of Juvenile Procedure 8.270 “was not a proper mechanism through which to raise a claim of ineffective assistance of counsel in a termination proceeding”). …

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

    Reversed & remanded This opinion cites Rule 8.270 2 times: (b)

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

    …any party filed or requested such a motion. A motion for relief from judgments or orders is permitted only for the four reasons listed under Florida Rule of Juvenile Procedure 8.270(b): (1) Mistake, inadvertence, surprise or excusable neglect. (2) Newly discovered evidence which by due diligence could not have been discovered in time to…

15. S.K. v. Department of Children & Families 839 So. 2d 876 · 4D01-5027 · 4th DCA 2003

    This opinion cites Rule 8.270 2 times: (1), and the section generally

    · cited by 2 in all courts

    …of a default and the trial court’s denial of the father’s motion to vacate the default judgment terminating his parental rights was an abuse of discretion. Rule 8.270 provides that “[o]n motion and upon such terms as are just, the court may relieve a party or the party’s legal representative from an order, judgment, or…

16. J.T. v. Department of Children & Families 800 So. 2d 692 · 5D01-1428 · 5th DCA 2001

    Affirmed This opinion cites Rule 8.270 2 times: (b)

    · cited by 6 in all courts

    Termination affirmed: denying a continuance when the noticed parents did not appear was proper, and relief for defective notice lies under rule 8.270(b).

    …if the parents believe the notice was somehow infirm, it is their burden to seek relief from the order by making a proper showing pursuant to Florida Rule of Juvenile Procedure 8.270(b) which governs relief from judgments or orders. The parents' reliance on In re E.L., 732 So.2d 37 (Fla. 2d DCA 1999) is misplaced. In E.L., the…

17. Martinez ex rel. N.M. v. Greene 643 So. 2d 131 · DCA94-425 · District Court of Appeal 1994

    This opinion cites Rule 8.270 2 times: (b)(2), (b)(3)

    PER CURIAM. Mario Martinez appeals an order granting relief from judgment pursuant to Florida Rule of Juvenile Procedure 8.270(b)(2) and (3). We concur with the trial court that the legal standards for relief from judgment were met. We therefore affirm the order under review. * Affirmed.…

18. In Interest of J.Z. 636 So. 2d 726 · 2D93-00740 · 2nd DCA 1993

    This opinion cites Rule 8.270 2 times: (b), and the section generally

    · cited by 7 in all courts

    …three postdependency orders of the circuit court: (1) order denying the father's motion for relief from dependency order filed pursuant to Florida Rule of Juvenile Procedure 8.270; (2) order denying the father's motion to return the child, J.Z., *727 to the father's legal custody and (3) order granting the Department of Health and…

19. K.E. v. Department of Children & Families 2D21-1793 · 2nd DCA 2022

    Affirmed This opinion cites Rule 8.270 1 time: (b)

    Termination affirmed where the incarcerated father disconnected from the remote hearing; the remedy was a rule 8.270 motion to vacate, which he had not filed.

    …Statutes (2020), a motion to vacate alleging 3 excusable neglect can be raised in a motion filed under Florida Rule of Juvenile Procedure 8.270(b). Upon the filing of such a motion, a court may conduct a limited evidentiary inquiry to determine whether such a disconnection was voluntary or due…

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

    Affirmed This opinion cites Rule 8.270 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.

    …his or her own effectiveness. Moreover, attempts to raise ineffective assistance claims in a motion for relief from judgment pursuant to Florida Rule of Juvenile Procedure 8.270 have been rejected as not authorized by the rule. E.K., 33 So. 3d at 126-27. Finally, the possibility of raising such claims in a petition for writ of…

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

    Affirmed This opinion cites Rule 8.270 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.

    …his or her own effectiveness. Moreover, attempts to raise ineffective assistance claims in a motion for relief from judgment pursuant to Florida Rule of Juvenile Procedure 8.270 have been rejected as not authorized by the rule. E.K., 33 So. 3d at 126-27. Finally, the possibility of raising such claims in a petition for writ of…

22. M.W. v. Department of Children & Family Services 88 So. 3d 1033 · 2D12-59 · 2nd DCA 2012

    Dismissed This opinion cites Rule 8.270 1 time, the section generally

    Appeal from denial of the mother's motion to set aside termination dismissed as moot because the father later surrendered his rights.

    …2d DCA 2006). Accordingly, we dismiss the appeal as moot. Dismissed. DAVIS and MORRIS, JJ., Concur. . M.W.'s motion was filed under Florida Rule of Juvenile Procedure 8.270 and invokes Florida Rule of Appellate Procedure 9.130(a)(5).

23. FJ v. Department of Children & Families 43 So. 3d 850 · 5D10-283 · 5th DCA 2010

    This opinion cites Rule 8.270 1 time: (b)(3)

    PER CURIAM. AFFIRMED. See Florida Rule of Juvenile Procedure 8.270(b)(3) (2009) (providing that a “court may relieve a party ... from an order, judgment, or proceeding” based on, inter alia, “[fjraud ...,…

24. F.S. v. Department of Children & Family Services 987 So. 2d 1268 · 1D08-0593 · 1st DCA 2008

    This opinion cites Rule 8.270 1 time: (b)

    …order under review denying the father's motion for clarification and to vacate, dismiss, dissolve, or set aside dependency denies relief under Florida Rule of Juvenile Procedure 8.270(b), it is affirmed. See Fla. R.App. P. 9.130(a)(5) (2008). Treating certain of the papers on which the appeal was taken as a petition for writ of certiorari…

25. R.Z. v. Department of Children & Families 969 So. 2d 1225 · 1D07-4623 · 1st DCA 2007

    Dismissed This opinion cites Rule 8.270 1 time: (b)

    · cited by 5 in all courts

    Father's appeal from a dependency adjudication dismissed as untimely, without prejudice to seeking relief in the trial court or appealing the disposition order.

    …court, see In the Interest of E.H., 609 So.2d 1289 (Fla.1992); A.G. v. Dep't of Children & Families, 846 So.2d 622 (Fla. 4th DCA 2003); Fla. R. Juv. P. 8.270(b), or to bring a timely appeal from the final order of disposition, A.G. v. Dep't *1226 of Children & Family Servs., 731 So.2d 1260 (Fla.1999). …

26. Morcroft v. Department of Children & Families 929 So. 2d 51 · 5D05-2804 · 5th DCA 2006

    Affirmed This opinion cites Rule 8.270 1 time: (b)

    Dependency against the custodian affirmed: the court had jurisdiction despite the foreign mother not being joined, though DCF must address the child's immigration status.

    …the custodian will be referred to as "AJ.” throughout this opinion. . For purposes of appeal, Morcroft's motion is treated as a Florida Rule of Juvenile Procedure 8.270(b) motion to set aside the order of adjudication of dependency. .Official-looking documents, written in French and executed in Haiti, purport to give…

27. E.T. v. Department of Children & Families 930 So. 2d 721 · 4D04-1450 · 4th DCA 2006

    Affirmed This opinion cites Rule 8.270 1 time: (b)

    · cited by 12 in all courts

    Dismissal of the father's habeas petition claiming ineffective counsel at his termination trial affirmed; no evidentiary hearing was required and no collateral mechanism was shown.

    …that any attack on the effectiveness of counsel must come in the form of a direct appeal or a post-trial motion authorized by the rules. See, e.g., Fla. R. Juv. P. 8.270(b). See also In re Jonathan M., 255 Conn. 208 , 764 A.2d 739 (2001); Baker v. Marion County Office of Family & Children, 810 N.E.2d 1035 …

28. Department of Children & Families v. J.J.E. 901 So. 2d 215 · 5D05-364 · 5th DCA 2005

    Certiorari / writ granted This opinion cites Rule 8.270 1 time: (b)(4)

    · cited by 3 in all courts

    Prohibition granted: a father's claim that his termination was void for lack of service belongs in the original termination court, not a separate habeas judge.

    …so that his parental rights were properly terminated. That can best be resolved by employing the procedure provided by the Supreme Court under Florida Rule of Juvenile Procedure 8.270(b)(4), which provides: (b) Extraordinary Relief. On motion and upon such terms as are just, the court may relieve a party or the party's legal representative from…

29. In re B.H. 893 So. 2d 639 · 2D02-5378 · 2nd DCA 2005

    Affirmed in part, reversed in part This opinion cites Rule 8.270 1 time, the section generally

    · cited by 4 in all courts

    Denial of relief from judgment affirmed as to merits, but remanded to treat the notice claim as a habeas petition for a belated termination appeal.

    …relief from judgment under Florida Rule of Civil Procedure 1.540, which the trial court treated as a motion under the analogous juvenile rule, Florida Rule of Juvenile Procedure 8.270. *640 In her motion, the Mother challenged the termination order on the merits. She also claimed that she had not received timely written notice of the…

30. T.L.D. v. Department of Children & Family Services 883 So. 2d 910 · 2D03-4501 · 2nd DCA 2004

    Reversed & remanded This opinion cites Rule 8.270 1 time: (b)(1)

    · cited by 20 in all courts

    Termination reversed because the court used the wrong test on the motion to set aside implied consent, which should be liberally granted.

    …entering the final judgment and provided T.L.D. the opportunity to move to set it aside. T.L.D. filed an appropriate motion three days later. See Fla. R. Juv. P. 8.270(b)(1) (permitting extraordinary relief from orders, upon such terms as are just, based upon mistake, inadvertence, surprise, or excusable neglect). Although case…

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

    Affirmed This opinion cites Rule 8.270 1 time, the section generally

    · 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.

    …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 appeal was not extended by entry of an amended order on December 11, 2001, nor was there any basis for…

32. S.B. v. Department of Children & Families 825 So. 2d 1057 · 4D01-13 · 4th DCA 2002

    Affirmed This opinion cites Rule 8.270 1 time, the section generally

    · cited by 1 in all courts

    Denial of the mother's late collateral attack affirmed; no right to competent counsel in dependency, and she consented by skipping arraignment (conflicts with First District).

    …that this court construe her "Motion to Dismiss and Remedy" as either a motion for relief from judgment under rule 1.540, Florida Rules of Civil Procedure, or rule 8.270, Florida Rules of Juvenile Procedure, or a petition for writ of habeas corpus. She alleges that her appointed counsel was ineffective. We hold that, although…

33. A.L. v. Department of Children & Families 816 So. 2d 223 · 5D01-3310 · 5th DCA 2002

    Affirmed This opinion cites Rule 8.270 1 time, the section generally

    · cited by 1 in all courts

    Denial of the absent mother's unsworn motion to set aside the dependency order affirmed; the court treated it as an untimely rehearing motion without abuse of discretion.

    …days and denied the motion. A.L.’s counsel urged that the court has a year to grant relief from a judgment. Under the applicable portion of Florida Rule of Juvenile Procedure 8.270, relief from judgment is available. The trial court appeared to be of the view, however, that the motion was legally insufficient to support relief from…

34. Amendments to the Florida Rules of Appellate Procedure 894 So. 2d 202 · SC04-108 · Florida Supreme Court 2005

    Rule amendment This opinion cites Rule 8.270 2 times, the section generally

    · cited by 4 in all courts

    …by the method prescribed by this rule. (5) Orders entered on motions filed under Florida Rule of Civil Procedure 1.540, Small Claims Rule 7.190, Rule of Juvenile Procedure 8.270, and Florida Family Law Rule of Procedure 12.540 are reviewable by the method prescribed by this rule. (6) Orders that deny motions to certify a class may…

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