IN RE THE ADOPTION OF DAVID SORENSEN
IN RE THE ADOPTION OF DAVID SORENSEN
385 So. 2d 1057
Florida District Court of Appeal, Fourth District (1980)
Positive Treatment
Cited by 2 cases
Opinion of the Court
PER CURIAM.
This is an appeal from a final judgment of adoption. The father of the child objected to the child being adopted by the child’s grandfather and the grandfather’s wife. Although we believe the evidence would support a determination that it would be in the best interest of the child to be placed in the temporary custody of the grandfather, we find the record lacks the requisite clear and convincing proof that the father has abandoned the child. In Re Adoption of Noble, 349 So. 2d 1215 (Fla. 4th DCA 1977).
Accordingly, the judgment of the trial court is reversed with directions for further proceedings consistent with this opinion.
ANSTEAD and HURLEY, JJ., concur. MOORE, J., dissents with opinion.
Dissent
MOORE, Judge,
dissenting:
I respectfully dissent. In my opinion there is ample evidence to support a finding, based on clear and convincing proof, of abandonment by the natural father. I would therefore affirm.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Wylie v. Botos, 416 So. 2d 1253 (Fla. 4th DCA 1982)…5); Durden v. Henry, 343 So. 2d 1361 (Fla. 1st DCA 1977); Lovell v. Mason, 347 So. 2d 144 (Fla. 1st DCA 1977); Barrett v. Reed, 363 So. 2d 14 (Fla. 1st DCA 1978); Nelson v. Herndon, 371 So. 2d 140 (Fla. 1st DCA 1979); In Re The Adoption of Sorensen, 385 So. 2d 1057 (Fla. 4th DCA 1980); cf. In the Interest of J. F., 384 So. 2d 713 (Fla. 3d DCA 1980); In re The Adoption of M. A. H., 411 So. 2d 1380 (Fla. 4th DCA 1982), we have concluded that the issue of abandonment need not have been reached in this case. . To…
Authorities Cited
- In re the Matter of Adoption OF Suzanne Michelle Noble, 349 So. 2d 1215 (Fla. 4th DCA 1977)