C.H., MOTHER OF J.H., MINOR CHILD
v.
DEPARTMENT OF CHILDREN AND FAMILIES

Fla. 1st DCA | 2024-10-16
No. 2024-1471
2024 FL 12003 Florida District Court of Appeal, First District (2024)

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Synopsis

The First District Court of Appeal dismissed an appeal in a parental rights termination case because the appellant, proceeding pro se, failed to timely file her own brief after her counsel withdrew.


Holding

The appeal is dismissed pursuant to the procedure approved in N.S.H. v. Department of Children and Family Services, which permits dismissal when counsel withdraws and the appellant fails to timely file his or 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).”

The sole basis for the dismissal, citing the governing precedent that permits dismissal under these circumstances in parental rights appeals.

Facts & Procedural History

C.H., the mother of J.H., a minor child, initially had counsel representing her in an appeal of the Department of Children and Families in a matter in…

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. 1D2024-1471

C.H., Mother of J.H., Minor Child,

Appellant,

v. DEPARTMENT OF CHILDREN AND FAMILIES,

Appellee.

On appeal from the Circuit Court for Alachua County. Denise R. Ferrero, Judge.

October 16, 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).

LEWIS, BILBREY, and WINOKUR, JJ., concur. Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331.

C.H., pro se, Appellant.

Andrew Feigenbaum, Children's Legal Services, West Palm Beach, for Appellee; Sara Elizabeth Goldfarb, Statewide Director of Appeals, and Mercy Almaguer, Senior Attorney, Statewide Guardian ad Litem Office, Tallahassee, for Guardian ad Litem.

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