J.F.
v.
DEPARTMENT OF CHILDREN AND FAMILIES

Fla. 1st DCA | 2024-06-13
No. 2024-0040
2024 FL 6985 Florida District Court of Appeal, First District (2024)

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Synopsis

This is a summary dismissal of an appeal of a parental rights termination in a dependency case. The appeal was dismissed because appellant's counsel withdrew and the appellant failed to timely file her own brief in support of the appeal.


Holding

The court dismissed the appeal, applying the procedure approved in N.S.H. v. Department of Children & Family Services, which permits dismissal when counsel withdraws and the appellant fails to timely file a brief supporting an appeal of termination of parental rights.


Key Quotes

“N.S.H. v. Dep't of Child. & Fam. Servs., 843 So. 2d 898 (Fla. 2003) (approving procedure that includes dismissal when, after counsel withdraws, the appellant fails to timely file his or her own brief in support of appeal of termination of parental rights)”

The court cites this Supreme Court precedent as the direct legal authority for dismissing the appeal due to appellant's failure to file a timely brief after counsel's withdrawal

Facts & Procedural History

This case involves J.F., the mother of minor children K.B. and A.B., who appealed a termination of parental rights decision from the Circuit Court for…

The full statement of facts, procedural history, and disposition for this case are member content.

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Per_curiam
Per Curiam

FIRST DISTRICT COURT OF APPEAL STATE OF FLORIDA

No. 1D2024-0040

J.F., Mother of K.B. and A.B., Minor Children,

Appellant,

v. DEPARTMENT OF CHILDREN AND FAMILIES,

Appellee.

On appeal from the Circuit Court for Columbia County. Leandra G. Johnson, Judge.

June 13, 2024

PER CURIAM.

DISMISSED. N.S.H. v. Dep't of Child. & Fam. Servs., 843 So. 2d 898 (Fla. 2003) (approving procedure that includes dismissal when, after counsel withdraws, the appellant fails to timely file his or her own brief in support of appeal of termination of parental rights).

WINOKUR, M.K. THOMAS, and LONG, JJ., concur. Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331.

J.F., pro se, Appellant.

Carolyn Schwarz, Fort Lauderdale, for Appellee; Sara Elizabeth Goldfarb, Statewide Director of Appeals, and Laura J. Lee, Assistant Director of Appeals, Statewide Guardian ad Litem Office, Tallahassee, for Guardian ad Litem.

2


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