DIANA RICHARDS AND VICTOR BARTELEMY, APPELLANTS,
v.
DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES, APPELLEE
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PER CURIAM.
We affirm the Final Judgment ordering permanent commitment of the children, J.B. and A.B., to the Department of Health and Rehabilitative Services [HRS] only insofar as it terminates the rights of the appellant Victor Bartelemy1 because HRS neither filed a petition against Bartelemy, the natural father of A.B., nor offered Bar-telemy a meaningful performance agreement; in addition, the court failed to make findings that Bartelemy abandoned, abused, or neglected A.B. In the Interest of R.W., 495 So. 2d 133 (Fla.1986); see In the Interest of B.W., 498 So. 2d 946 (Fla. 1986). The rights of other interested parties may be advanced in separate appeals.
Reversed.
. Bartelemy is neither the natural nor adoptive father of J.B., and thus has no legal rights as to J.B. See In the Interest of J.R.T., 427 So. 2d 251 (Fla. 5th DCA 1983).
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Boynton v. Milton Burglass, M.D., 590 So. 2d 446 (Fla. 3d DCA 1991)…ty based on a defendant’s failure to control the conduct of a third party. See, e.g., Bankston v. Brennan, 507 So. 2d 1385 (Fla.1987) (social host not liable for serving alcoholic beverages to individual who then injures another); Paddock v. Chacko, 522 So. 2d 410 (Fla. 5th DCA 1988) (psychiatrist had no duty to forcibly detain patient who later attempted to commit suicide); Vic Potamkin Chevrolet, Inc. v. Home, 505 So. 2d 560 (Fla. 3d DCA 1987) (automobile dealer not liable for buyer’s negligent driving once…
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Ira Posner, M.D. v. Walker, 930 So. 2d 659 (Fla. 3d DCA 2006)…alker’s death. McKeithan v. HCA Health Servs. of Fla., Inc., 879 So. 2d 47 (Fla. 4th DCA 2004)(finding that the plaintiffs presented no competent testimony as to causation); Ewing v. Sellinger, 758 So. 2d 1196 (Fla. 4th DCA 2000); Paddock v. Chacho, 522 So. 2d 410 (Fla. 5th DCA 1988). B. Continuing to Prescribe Medications With regard to plaintiffs’ continuing to prescribe medication argument, it is similar to plaintiffs’ lack of “an exit strategy” argument. Both arguments are based on Dr. Posner’s continue…
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Joseph S. Chirillo, Jr., M.D. v. Granicz, 199 So. 3d 246 (Fla. 2016)…sify the duty in the instant case as a duty to prevent suicide is incorrect and inappropriate. The decedent in this case was an outpatient of Dr. Chiril-lo’s. Therefore, under Florida law, there was no duty to prevent her.suicide. Paddock v. Chacko, 522 So. 2d 410, 415-17 (Fla. 5th DCA 1988). However, the nonexistence of one specific type of duty does not mean that Dr. Chirillo owed the decedent no duty at all.2 As we plainly stated in McCain, there are several sources of duty. Although the inpatient duty to…
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- In the Interest of R.W. v. Pollock, 495 So. 2d 133 (Fla. 1986)
- THE Florida BAR v. Higgins, 498 So. 2d 946 (Fla. 1986)
- In the Interest of J.R.T. v. State, 427 So. 2d 251 (Fla. 5th DCA 1983)