THOMAS LUPINEK, APPELLANT,
v.
TOM FIRTH AND LISA FIRTH, NATURAL PARENTS, APPELLEES
THOMAS LUPINEK, APPELLANT,
TOM FIRTH AND LISA FIRTH, NATURAL PARENTS, APPELLEES
619 So. 2d 379
Florida District Court of Appeal, Fifth District (1993)
Positive Treatment
Cited by 4 cases
Opinion of the Court
GRIFFIN, Judge.
The order appealed, which declared the petitioner’s Motion for Termination of Parental Rights a “nullity”, is reversed. Pursuant to section 39.461(1), Florida Statutes, and Florida Rule of Juvenile Procedure 8.500(b), appellant, as the child’s Guardian Ad Litem, had the authority to file a petition to terminate parental rights. The petition may have been defective but it was not a nullity.
REVERSED and REMANDED.
PETERSON and THOMPSON, JJ., concur.
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Simms v. State, 641 So. 2d 957 (Fla. 3d DCA 1994)…Rehabilitative Servs. v. Brooke, 573 So. 2d 363, 369 (Fla. 1st DCA 1991); Hollis, 439 So. 2d at 948-49. Another court has determined that a guardian ad litem has authority to initiate proceedings for termination of parental rights. Lupinek v. Firth, 619 So. 2d 379 (Fla. 5th DCA 1993). Here, we conclude that the separation of powers clause is not violated when a guardian ad litem exercises concurrent power with HRS to initiate and litigate proceedings to terminate parental rights under section 39.464. Section…
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A.A. v. Dep't of Child. & Families, 852 So. 2d 318 (Fla. 4th DCA 2003)…e 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.” 623 So. 2d at 784 (emphasis added); see also Lupinek v. Firth, 619 So. 2d 379 (Fla. 5th DCA 1993) (holding that guardian ad litem legally allowed to file TPR on child’s behalf).3 If an attorney ad litem may initiate a TPR case by filing a petition, the attorney may participate at a TPR trial where the petition is filed by the…