GARNETTE C. MCMILLAN, APPELLANT,

v.

STATE OF FLORIDA, APPELLEE

Citator

Cited By

• Kingsley v. Kingsley, 623 So. 2d 780 (Fla. 5th DCA 1993)
  …owledge can be reasonably inferred; for example, the judge familiar with the file, the guardian or attorney for the children, neighbors or friends of the parties who, because of their proximity, would be expected to have such knowledge. In re C.B., 561 So. 2d 663, 666 (Fla. 5th DCA 1990) (holding that guardian who was paternal grandmother of one of the children was proper party to bring petition on behalf of both children).7 This construction contemplates the situation which arose here — that Jerri Blair, an…

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• Simms v. State, 641 So. 2d 957 (Fla. 3d DCA 1994)
  …and purpose of our government indicate that the authority to protect children and to terminate parental rights is an exclusive and pure power which the Constitution requires to be confined to a single branch of government. See generally In re C.B., 561 So. 2d 663, 666 (Fla. 5th DCA 1990); In re J.S., 444 So. 2d at 1150; In re J.R.T., 427 So. 2d 251, 252-53 (Fla. 5th DCA 1983); Hollis, 439 So. 2d at 948-49. Where a power conferred by statute is not an exclusively held power exercisable only by a single branch…
• In the Interest of C.G., 612 So. 2d 602 (Fla. 4th DCA 1992)
  …legislature intended to allow persons such as the Wedderburns to participate in placement proceedings. Our reading of the applicable case law supports this conclusion. See In the Interest of J.S., 404 So. 2d 1144 (Fla.1982); In the Interest of C.B., 561 So. 2d 663 (Fla. 5th DCA1990). We express no opinion as to the merits of the Wedder-burns petition and intend only to rule that they be given an opportunity to be heard. REVERSED AND REMANDED, for further consistent proceedings. HERSEY and WARNER, JJ., and W…

Authorities Cited

• State v. Milton, 488 So. 2d 878 (Fla. 1st DCA 1986)
• Carter v. United States, 479 U.S. 1012 (U.S. 1986)
• Milton v. Florida, 479 U.S. 1012 (U.S. 1986)