H.S.S., THE FATHER,
v.
DEPARTMENT OF CHILDREN AND FAMILIES, ET AL.,

Fla. 3d DCA | 2020-05-13
No. 20-0091
Florida District Court of Appeal, Third District (2020) Positive Treatment


Opinion of the Court
Lindsey

PER CURIAM.

“[A] trial court’s determination of dependency is a mixed question of law and fact, which will be upheld on appeal if the trial court applied the correct law and its ruling is supported by competent substantial evidence.” L.C.R. v. Dep’t of Children & Families, 207 So. 3d 339, 339 (Fla. 3d DCA 2016) (alteration in original) (quoting J.C. v. Fla. Dep’t of Children & Family Servs., 937 So. 2d 184, 186 (Fla. 3d DCA 2006)). We affirm because the trial court applied the correct law and because competent substantial evidence supports the court’s findings of actual abuse and neglect—either one of which is sufficient to affirm. See T.R. v. Dep’t of Children & Families, 864 So. 2d 1278, 1280 (Fla. 5th DCA 2004) (“A finding of dependency is not a termination, but an opportunity to restore and hopefully repair a family heading in the wrong direction.”).

Affirmed.


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