TINA WARE, APPELLANT,
v.
IN THE INTEREST OF J.N.M., APPELLEE
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FULMER, Judge.
In this dependency proceeding, the mother appeals the order adjudicating the child dependent, claiming that the trial court erred in failing to include in the order a statement of the facts upon which the finding of dependency was based. Section 39.409(3), Florida Statutes (1991), requires that an order adjudicating a child dependent “briefly stat[e] the facts upon which the finding is made.... ” See In the Interest of T.S., 557 So. 2d 676 (Fla. 2d DCA 1990); In the Interest of G.D.H., 498 So. 2d 676 (Fla. 1st DCA 1986).
Accordingly, we reverse and remand for entry of a proper order of adjudication. Since the trial judge who entered the original order of adjudication is no longer a circuit court judge, upon remand the new judge shall conduct a rehearing before entering any order of adjudication. See Williams v. Dept. of Health and Rehabilitative Services, 568 So. 2d 995 (Fla. 5th DCA 1990).
DANAHY, A.C.J. and QUINCE, J., concur.
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Citator
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Denson v. Dep't of Health & Rehabilitative Servs., 661 So. 2d 934 (Fla. 5th DCA 1995)…995); In re L.H., 647 So. 2d 311 (Fla. 5th DCA 1994); Simons v. Dept, of Health and Rehabilitative Services, 644 So. 2d 614 (Fla. 5th DCA 1994); D.S. v. Dept, of Health and Rehabilitative Services, 642 So. 2d 628 (Fla. 1st DCA 1994); Ware v. J.N.M., 632 So. 2d 716 (Fla. 2d DCA 1994).…
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Wilson v. Dep't OF Health & Rehabilitative Servs., 639 So. 2d 195 (Fla. 5th DCA 1994)…PER CURIAM. The order of dependency in this case is reversed because it fails to state the factual basis for the order. § 39.409, Fla.Stat. (1993); Ware v. J.N.M. 632 So. 2d 716 (Fla. 2d DCA 1994); Gelrod v. Dep’t of Health & Rehabilitative Servs., 629 So. 2d 251 (Fla. 3d DCA 1993). It is upon this statement of facts the review of the decision is made by this court; a lack of a factual basis .requires reversal. REVERSED a…
Authorities Cited
- In the Interest of G.D.H. and A.J.S., 498 So. 2d 676 (Fla. 1st DCA 1986)
- Williams v. Dep't of Health & Rehabilitative Servs., 568 So. 2d 995 (Fla. 5th DCA 1990)
- In the Interest of T.S. and M.H.W. v. State, 557 So. 2d 676 (Fla. 2d DCA 1990)