DIANA RICHARDS AND VICTOR BARTELEMY, APPELLANTS,
v.
DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES, APPELLEE

Fla. 3d DCA | 1988-02-16
No. 87-2194
Before BASKIN, DANIEL S. PEARSON and JORGENSON, JJ.
522 So. 2d 410 Florida District Court of Appeal, Third District (1988) Caution
Cited by 24 cases


Opinion of the Court
PER CURIAM.

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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  • 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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