C.F., MOTHER OF M.F., M.F., L.F., MINOR CHILDREN
v.
DEPARTMENT OF CHILDREN AND FAMILIES
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
The appellate court affirmed a trial court's decision to terminate a mother's parental rights. The mother argued the decision was not supported by competent, substantial evidence, but the appellate court found her argument misunderstood the highly deferential standard of review for such cases.
Yes, the appellate court held that the record contained competent, substantial evidence to support the trial court's decision to terminate parental rights, and that this decision promoted the children's best interests.
[1] In appeals of final judgments terminating parental rights, the appellate court's review is limited to determining whether the record contains competent, substantial evide…
Previewing 1 of 1 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“But C.F. misunderstands the proper standard of review, which is crucial in resolving her appeal and which impels us to affirm.”
Highlights the mother's misunderstanding of the appellate standard of review as the basis for the court's decision.
Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceThe mother appealed the termination of her parental rights to her three children, arguing that the trial court's findings were not based on competent,…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Presumption Of Correctness Of Trial Court Findings cases and more on FLexlaw
JAY, J.
C.F. appeals the final judgment terminating her parental rights to her three children: M.F., M.F., and L.F. In each of the three points raised, C.F.’s sole argument for reversal is predicated on the cited testimony of her witnesses and her medical documents submitted into evidence, and on the arguments made by her attorney during the multiple evidentiary hearings, all of which, she claims, demonstrate that the trial court’s findings of fact and conclusions of law are not based on competent, substantial evidence. But C.F. misunderstands the proper standard of review, which is crucial in resolving her appeal and which impels us to affirm.
In an appeal of a final judgment terminating parental rights, it is not the function of this Court “‘to reweigh the evidence and substitute our judgment for that of the trial court.’” J.B. v. C.S., 186 So. 3d 1142, 1143 (Fla. 1st DCA 2016) (quoting In the Interest of R.D.D., 518 So. 2d 412, 415 (Fla. 2d DCA 1988)).
Rather, where the trial court has weighed the evidence and reached a conclusion, its judgment enjoys a presumption of correctness and “will not be overturned on appeal unless clearly erroneous or lacking in evidentiary support.” Dep’t of Children & Families v. A.L., 307 So. 3d 978, 982 (Fla. 1st DCA 2020) (quoting N.L. v. Dep’t of Children & Family Servs., 843 So. 2d 996, 999 (Fla. 1st DCA 2003)).
Our task “is not to conduct a de novo proceeding or reweigh the evidence by determining independently whether the evidence as a whole satisfies the clear and convincing standard.” Id. Instead, we determine only “whether the record contains competent substantial evidence to meet the clear and convincing evidence standard.” Id. at 982–83 (citation omitted).
In short, our review of a final judgment terminating parental rights is “highly deferential.” Id. at 983 (quoting N.L., 843 So. 2d at 999); accord S.C. v. Dep’t of Children & Families, 311 So. 3d 971, 972 (Fla. 1st DCA 2020) (citation omitted) (“Our standard of review in termination of parental rights cases is highly deferential. A trial court’s ‘finding that evidence is clear and convincing enjoys a presumption of correctness and will not be overturned on appeal unless clearly erroneous or lacking in evidentiary support.’”).
This highly deferential standard not only limits our review “to whether competent, substantial evidence supports the trial court’s final judgment,” it also restrains us from reversing the judgment in those cases where we “cannot say that no one could reasonably find such evidence to be clear and convincing.” J.P. v. Fla. Dep’t of Children & Families, 183 So. 3d 1198, 1203 (Fla. 1st DCA 2016) (quoting N.L. 843 So. 2d at 1000).
Here, the trial court heard an immense amount of testimony and evidence of a highly technical nature over the course of multiple hearings, and all during the height of the 2020-2021 COVID-19 pandemic. The judge was diligent in ensuring that C.F. was afforded due process throughout all of the proceedings and produced a masterful final judgment that assembled all of the medical facts in a coherent manner. Affording the final judgment its due deference—as we must—leads us to the inescapable
conclusion that competent substantial evidence supports the trial court’s decision that several statutory grounds for termination of C.F.’s parental rights were proved by clear and convincing evidence, that its termination of C.F.’s parental rights promotes the children’s best interests, and that termination is the least restrictive means to protect the children from serious harm. Consequently, the final judgment is hereby AFFIRMED. RAY and OSTERHAUS, JJ., concur. _____________________________
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
In the Interest of J.A., 561 So. 2d 356 (Fla. 3d DCA 1990)…een temporarily frustrated through circumstances beyond the parents’ control. To hold otherwise would be at odds with the other provisions of the statute quoted above. In reaching this conclusion we are in accord with In the Interest of R.D.D., Jr., 518 So. 2d 412 (Fla. 2d DCA 1988); In the Interest of J.B.H., 491 So. 2d 1226 (Fla. 4th DCA 1986); In the Interest of W.D.N., 443 So. 2d 493 (Fla. 2d DCA 1984); and In the Interest of J.L.P., 416 So. 2d 1250 (Fla. 4th DCA 1982). The trial court relied on In the I…
-
Caso v. Dep't of Health & Rehabilitative Servs., 569 So. 2d 466 (Fla. 3d DCA 1990)…he function of this court to re-weigh the evidence and substitute our judgment for that of the trial court. The trial court’s findings of fact should not be disturbed absent a total lack of substantial evidence in its support. In Interest of R.D.D., 518 So. 2d 412 (Fla. 2d DCA 1988); see Greenwood v. Oates, 251 So. 2d 665 (Fla. 1971). Section 39.01(37), Florida Statutes (1989) states: (37) “Neglect” occurs when the parent or legal custodian of a child ... deprives [*468] a child of, or allows a child to be…
-
Blair Alexandria Edwards v. State, 257 So. 3d 586 (Fla. 1st DCA 2018)
Previewing 3 of 8 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- N.L. v. Dep't of Child. & Fam. Servs., 843 So. 2d 996 (Fla. 1st DCA 2003)
- J.P. v. Fla. Dep't of Child. & Families, 183 So. 3d 1198 (Fla. 1st DCA 2016)
- G.K. v. Dep't OF Child. & Families, 186 So. 3d 1142 (Fla. 4th DCA 2016)
- A.E. v. Dep't of Child. & Families, 311 So. 3d 971 (Fla. 1st DCA 2021)