B.S., MOTHER OF B.S., B.T., A.V., MINOR CHILDREN
v.
DEPARTMENT OF CHILDREN AND FAMILIES

Fla. 1st DCA | 2024-08-08
No. 2024-0217
2024 FL 9546 Florida District Court of Appeal, First District (2024)

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Synopsis

Mother B.S. appealed a termination of parental rights decision but failed to file her own brief after her counsel withdrew. The appellate court dismissed the appeal per the established procedure in N.S.H. v. Department of Children and Family Services.


Holding

The court dismissed the appeal. Under the procedure approved in N.S.H. v. Department of Children and Family Services, dismissal is appropriate when counsel withdraws and the appellant fails to timely file her own brief in support of 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)”

Establishes the legal authority for dismissing the appeal when appellant fails to file her own brief after counsel withdraws in a parental rights termination case.

Facts & Procedural History

B.S. was the mother of three minor children (B.S., B.T., and A.V.) in a dependency matter before the circuit court in Escambia County. The circuit cou…

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Per_curiam
Per Curiam

FIRST DISTRICT COURT OF APPEAL STATE OF FLORIDA

No. 1D2024-0217

B.S., Mother of B.S., B.T., A.V., Minor Children,

Appellant,

V.

DEPARTMENT OF CHILDREN AND FAMILIES,

Appellee.

On appeal from the Circuit Court for Escambia County. R. Todd Harris, Judge.

August 8, 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).

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

B.S., pro se, Appellant.

Sarah J. Rumph, Children's Legal Services, Tallahassee, for Appellee; Sara Elizabeth Goldfarb, Statewide Director of Appeals, and Caitlin E. Burke, Senior Attorney, Statewide Guardian ad Litem Office, Tallahassee, for Guardian ad Litem.

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