DONNA GELATT, APPELLANT,
v.
STATE OF FLORIDA, DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES, APPELLEE

Fla. 3d DCA | 1991-09-10
No. 91-1255
Before BASKIN, JORGENSON and LEVY, JJ.
585 So. 2d 477 Florida District Court of Appeal, Third District (1991) Caution
Cited by 4 cases
Opinion of the Court
PER CURIAM.

PER CURIAM.

We reverse the final judgment terminating parental rights because the record demonstrates that the Department of Health and Rehabilitative Services did not give notice of the March 15, 1991 dispositional hearing as required by statute. A person required to be served with notice as prescribed by section 39.462(l)(a), Florida Statutes (1989), is entitled to notice of hearings. § 39.462(l)(b), Fla.Stat. (1989). Failure to furnish appellant notice of the disposition hearing rendered the entry of the judgment terminating her parental rights improper. Reversed and remanded.

BASKIN and LEVY, JJ., concur.

Concurrence
JORGENSON, Judge,

JORGENSON, Judge,

specially concurring.

I agree with the result reached by the majority. I write specially because, in my view, the trial court should have proceeded to trial on counsel’s representations that she was ready to proceed on behalf of the mother. This case has been mishandled by HRS from the outset, and the result is that the child must spend still another year in a foster home.

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  • M.E. v. Fla. Dep't of Child. & Fam. Servs., 728 So. 2d 367 (Fla. 3d DCA 1999)
    …t the mother’s last known address, but she had moved. Certainly the client had a duty to advise the attorney of her change of address. The mother argues that this court’s decision in Gelatt v. State Department of Health and Rehabilitative Services, 585 So. 2d 477 (Fla. 3d DCA 1991), requires personal service of notice of trial, but that is not so. Gelatt involved the failure to give any notice of trial at all. See id. It did not involve the situation now before us, where there was proper notice to the attorn…
  • W.K. v. Dep't of Child. & Families, 832 So. 2d 229 (Fla. 5th DCA 2002)
    …for the mother at the mother’s last known address, but she had moved. Certainly the client had a duty to advise the attorney of her change of address. The mother argues that this court’s decision in Gelatt v. State Dep’t of Health & Rehab. Servs., 585 So. 2d 477 (Fla. 3d DCA 1991), requires personal service of notice of trial, but that is not so. Gelatt involved the failure to give any notice of trial at all. See id. It did not involve the situation now before us, where there was proper1 notice to the attor…

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