IN THE INTEREST OF C.L., A MINOR

Fla. 4th DCA | 1995-05-17
No. 93-2967
STONE, PARIENTE and SHAHOOD, JJ., concur.
654 So. 2d 1039 Florida District Court of Appeal, Fourth District (1995) Positive Treatment
Cited by 4 cases

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Synopsis

Natural parents appeal the termination of their parental rights to minor child C.L. The appellate court affirmed the trial court's decision, finding clear and convincing evidence supported termination under Florida law.


Holding

The appellate court affirmed the trial court's termination of parental rights, finding that the decision was amply supported by clear and convincing evidence under Florida Statutes subsections 39.464(3) and 39.464(5).


Headnotes

[1] A trial court's decision to terminate parental rights is affirmed when supported by clear and convincing evidence.

[2] A trial court's findings of fact in a parental rights termination case are entitled to deference on appeal.

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Key Quotes

“This court will not overturn the trial court's findings "unless it may be said as a matter of law that no one could reasonably find such evidence to be clear and convincing."”

Establishes the highly deferential appellate standard of review for parental termination findings

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Facts & Procedural History

The trial court found that the natural parents engaged in criminal conduct involving the child, including delivery of a controlled substance to a chil…

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Opinion of the Court
PER CURIAM.

PER CURIAM.

This is an appeal by the natural parents from a final order terminating their parental rights as to the minor child, C.L., alleging that the trial court erred in finding that there was clear and convincing evidence to terminate their parental rights and that it was in the child’s best interests to do so. We find that the trial court’s decision to terminate the natural parents’ parental rights is amply supported by clear and convincing evidence and accordingly we affirm the decision of the trial court.

The trial court entered an extremely detailed fourteen page order setting forth its findings of fact, including its evaluation of the credibility and reliability of the witnesses. It concluded that grounds for termination had been established under both subsections 39.464(3) and 39.464(5), Florida Statutes (1991). The trial court, as trier of fact, was in a unique position in this case. It reached its decision after presiding over both the criminal case against the natural parents and the termination proceedings so that it listened to all the testimony without relying on depositions or transcripts.

In the criminal proceeding a jury found the natural parents guilty of criminal conduct involving the child; specifically, delivery of a controlled substance to a child, uttering a forged or fraudulent prescription and child neglect. The criminal convictions were affirmed on appeal. The evidence in the criminal trial formed the basis for part, but not all of the evidence in the termination case. The ti'ial court heard detailed testimony directed to the additional allegations, apart from the testimony already presented at the criminal trial, including testimony and evidence concerning the circumstances surrounding the deaths of four of the natural parents’ five previous children.

This court will not overturn the trial court’s findings “unless it may be said as a matter of law that no one could reasonably find such evidence to be clear and convincing.” In Re Adoption of Baby E.A.W., 647 So. 2d 918, 923 (Fla. 4th DCA 1994); Kingsley v. Kingsley, 623 So. 2d 780, 787 (Fla. 5th DCA 1993), review denied, 634 So .2d 625 (Fla.1994); In Re: D.J.S., 563 So. 2d 655, 662 (Fla. 1st DCA 1990). The fact that there is some evidence in the record to support the trial court’s findings does not mean that the appellate court is obligated to affirm. The evidence must be sufficient to convince the trier of fact “without hesitancy.” Inquiry Concerning a Judge, 645 So. 2d 398, 404 (Fla.1994); In Re Adoption of Baby E.A.W., 647 So. 2d at 934 (Klein, J., dissenting). We have reviewed the record in this case, including the testimony of the various expert witnesses and the findings of the juvenile court in New York, which terminated the natural parents’ parental rights to the fifth child. The record in this cause convinces us that the decision of the trial court should be affirmed.

STONE, PARIENTE and SHAHOOD, JJ., concur.


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Cited By

  • In the Interest of B.S. v. State, 697 So. 2d 914 (Fla. 2d DCA 1997)
    …4). However, “the trial court’s determination that the evidence is clear and convincing will not be overturned unless it may be said as a matter of law that no one could reasonably find such evidence to be clear and convincing.” In Interest of C.L., 654 So. 2d 1039, 1040 (Fla. 4th DCA 1995); Kingsley v. Kingsley, 623 So. 2d 780, 787 (Fla. 5th DCA 1993), review denied, 634 So. 2d 625 (Fla.1994); In Interest of D.J.S., 563 So. 2d 655, 661-62 (Fla. 1st DCA 1990). This court has conducted an exhaustive examinatio…
  • In re Est. OF Ladislav Louis Musil v. Frazier, 965 So. 2d 1157 (Fla. 2d DCA 2007)
    …said as a matter of law that no one could reasonably find such evidence to be clear and convincing.’ ” C.S. v. Dep’t of Health & Rehabilitative Servs. (In re Interest of B.S.), 697 So. 2d 914, 917 (Fla. 2d DCA 1997) (quoting In re Interest of C.L., 654 So. 2d 1039, 1040 (Fla. 4th DCA 1995)). C. Analysis After an evidentiary hearing, the probate court entered its February 12, 2006, order concluding that Allen Frazier had established the first four elements of virtual adoption. On appeal, Ms. Douglass challen…

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