S.D.B., MOTHER OF A.J.D., A.M-G.D., MINOR CHILDREN
v.
DEPARTMENT OF CHILDREN AND FAMILIES

Fla. 1st DCA | 2024-12-18
No. 2024-1998
2024 FL 14033 Florida District Court of Appeal, First District (2024)

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Synopsis

The First District Court of Appeal dismissed an appeal by S.D.B., the mother of minor children, in a termination of parental rights case. The dismissal was entered because the appellant failed to timely file her own brief in support of the appeal after her counsel withdrew, pursuant to the procedure approved in N.S.H. v. Department of Children and Family Services.


Holding

The appeal is dismissed. 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 standard and precedent for dismissing appeals in termination of parental rights cases when counsel withdraws and the appellant fails to timely file a brief.

Facts & Procedural History

S.D.B. is the mother of minor children A.J.D. and A.M-G.D. The appeal concerns a decision by the Circuit Court for Bay County regarding termination of…

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Per_curiam
Per Curiam

FIRST DISTRICT COURT OF APPEAL STATE OF FLORIDA

No. 1D2024-1998

S.D.B., Mother of A.J.D., A.M-G.D., Minor Children,

Appellant,

v. DEPARTMENT OF CHILDREN AND FAMILIES,

Appellee.

On appeal from the Circuit Court for Bay County. Dustin Stephenson, Judge.

December 18, 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).

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

S.D.B., 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.

2


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