BERTA CRUZ, AS PERSONAL REPRESENTATIVE OF THE ESTATE OF NORALVA DELGADO, DECEASED, ON BEHALF OF THE ESTATE OF NORALVA DELGADO, DECEASED, AND ON BEHALF OF MERIDA CRUZ AND GUADALUPE DELGADO, NATURAL PARENTS AND LAWFUL SURVIVORS OF THE ESTATE OF NORALVA DELGADO, DECEASED, APPELLANTS,
v.
METROPOLITAN DADE COUNTY, THERON MCCLAIN, LEVIN LONG, FRANK CALAVERI, GORDON GOUWENS, AND JAMES SHARPE, APPELLEES

Fla. 3d DCA | 1985-02-05
Nos. 83-2215, 83-2875
. Before BARKDULL, NESBITT and DANIEL S. PEARSON, JJ.
462 So. 2d 1204 Florida District Court of Appeal, Third District (1985)

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Synopsis

The appellate court affirmed the denial of appointed counsel for parents during dependency proceedings but reversed the dependency order due to procedural errors that made the proceedings fundamentally unfair.


Holding

The court held that while parents are not entitled to court-appointed counsel in dependency proceedings, the trial court committed procedural errors that rendered the proceedings fundamentally unfair, necessitating a reversal and remand.


Facts & Procedural History

Parents appealed an order declaring their children dependent and placing them in HRS custody, arguing the court erred by denying appointed counsel and…

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Opinion of the Court
PER CURIAM.

PER CURIAM.

Affirmed. Department of Transportation v. Neilson, 419 So. 2d 1071 (Fla.1982); Hyde v. Florida Department of Transportation, 452 So. 2d 1109 (Fla. 2d DCA 1984); Payne v. Palm Beach County, 395 So. 2d 1267 (Fla. 4th DCA 1981). Chapter 90.407, Florida Statutes (1983).


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