JUDITH SIGAFOOS, APPELLANT,
v.
DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES, APPELLEE
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W. SHARP, Judge.
Judith Sigafoos, the natural mother, appeals from an order adjudicating her minor child to be dependent. She argues that the evidence presented at trial was insufficient to support an adjudication of dependency, and further, that the trial court erred because its order fails to state the factual basis underlying its finding of dependency, as required by section 39.409(3), Florida Statutes (1987). The absence of such finding is reversible error. In the Interest of C.S., 503 So. 2d 417 (Fla. 1st DCA 1987); In the Interest of G.D.H., 498 So. 2d 676 (Fla. 1st DCA 1986); Fitzpatrick v. State, Department of Health and Rehabilitative Services, 515 So. 2d 319 (Fla. 3d DCA 1987); I.T. v. State, Department of Health and Rehabilitative Services, 532 So. 2d 1085 (Fla. 3d DCA 1988); In the Interest of D.M.S., 528 So. 2d 505 (Fla. 2d DCA 1988). Accordingly, we reverse the appealed order and remand for further proceedings.
REVERSED and REMANDED.
DAUKSCH and HARRIS, JJ., concur.
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J.C.G. v. Dep't of Child. & Families, 780 So. 2d 965 (Fla. 5th DCA 2001)…e such findings. L.B. v. Department of Children and Families, 766 So. 2d 1259 (Fla. 5th DCA 2000); Ash v. Department of Health & Rehabilitative Services, 649 So. 2d 305 (Fla. 5th DCA 1995); Sigafoos v. Department of Health & Rehabilitative Services, 567 So. 2d 1053 (Fla. 5th DCA 1990). In explaining the rationale for so ruling, our court has explained: Ignoring for the moment that statutory law dictates such findings, it is difficult, if not impossible, to review the basis upon which the trial court arrived a…
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In re L.H. v. Dep't of Health & Rehabilitative Servs., 647 So. 2d 311 (Fla. 5th DCA 1994)…Department of Health & Rehabilitative Services, 576 So. 2d 431, 432 (Fla. 5th DCA 1991); Williams v. Department of Health & Rehabilitative Services, 568 So. 2d 995, 997 (Fla. 5th DCA 1990); Sigafoos v. Department of Health & Rehabilitative Services, 567 So. 2d 1053, 1053 (Fla. 5th DCA 1990). Accordingly, we vacate the trial court’s termination order and remand this case for further proceedings consistent with this opinion. VACATED and REMANDED. COBB and W. SHARP, JJ., concur.…
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Fielder v. Dep't of Health & Rehabilitative Servs., 596 So. 2d 520 (Fla. 5th DCA 1992)…dency failed to state facts to support the conclusion reached as required by section 39.409(3), Florida Statutes, see Luszczyk v. H.R.S., 576 So. 2d 431 (Fla. 5th DCA 1991); Williams v. H.R.S., 568 So. 2d 995 (Fla. 5th DCA 1990); Sigafoos v. H.R.S., 567 So. 2d 1053 (Fla. 5th DCA 1990). See also, In re I.T., 532 So. 2d 1085 (Fla. 3d DCA 1988); In re D.M.S., 528 So. 2d 505 (Fla. 2d DCA 1988); Fitzpatrick v. H.R.S., 515 So. 2d 319 (Fla. 3d DCA 1987); In re G.D.H., 498 So. 2d 676 (Fla. 1st DCA 1986); In re C.…
Previewing 3 of 7 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- In the Interest of G.D.H. and A.J.S., 498 So. 2d 676 (Fla. 1st DCA 1986)
- In the Interest of I.T. v. State, 532 So. 2d 1085 (Fla. 3d DCA 1988)
- In the Interest of C.S., 503 So. 2d 417 (Fla. 1st DCA 1987)
- State Farm Mut. Auto. Ins. Co. v. Heppelle, 528 So. 2d 505 (Fla. 2d DCA 1988)
- Celeste Fitzpatrick v. State, 515 So. 2d 319 (Fla. 3d DCA 1987)