IN THE INTEREST OF K.D. AND C.M., CHILDREN. M.M., NATURAL FATHER, APPELLANT,
v.
STATE OF FLORIDA, DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES, AND C.J., NATURAL MOTHER, APPELLEES
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DANAHY, Acting Chief Judge.
The father of a seven-year-old girl has filed a notice of appeal seeking reversal of an order returning the child to the custody of her mother. The child was declared to be a dependent child on March 23,1993. Thus the trial court retains jurisdiction until the child reaches eighteen years of age, unless jurisdiction is relinquished by order of the trial court. § 39.40(2), Fla. Stat. (1993). The trial court has not relinquished jurisdiction in this case.
The nonfinal order is not an appeal-able nonfinal order under Florida Rule of Appellate Procedure 9.130(a)(3). However, we believe that such an order may be reviewed by writ of certiorari. We treat the father’s notice of appeal as a petition for writ of certiorari. Fla. R.App. P. 9.040(e). Finding no departure from the essential requirements of law, we deny the petition.
Petition denied.
PATTERSON and ALTENBERND, JJ., concur.
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T.H. v. Dep't of Child. & Families, 736 So. 2d 126 (Fla. 1st DCA 1999)…l order). However, even if the majority is correct that the order is not sufficiently final to give us jurisdiction to review it on that basis, I believe that we should treat this as a petition for a writ of certiorari. See In the Interest of K.D., 679 So. 2d 39 (Fla. 2d DCA 1996) (reviewing by certiorari an order in a dependency action returning a child to the custody of her mother). In my opinion, appellant raises substantial questions regarding whether the trial court departed from the essential requirem…
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S.H. v. Dep't OF Child. & Families, 950 So. 2d 1267 (Fla. 5th DCA 2007)…ther. This non-final order is not appealable under Florida Rule of Appellate Procedure 9.130(a)(3). See Dep’t of Health & Rehab. Sews. v. Honeycutt, 609 So. 2d 596 (Fla.1992); In Re B.A.B., 726 So. 2d 402 (Fla. 2d DCA 1999); Interest of K.D. & C.M., 679 So. 2d 39 (Fla. 2d DCA 1996). However, we can review the order by writ of certiorari. See Fla. R.App. P. 9.040(c). Finding no departure from the essential requirements of the law, we deny the petition. PETITION DENIED. GRIFFIN and ORFINGER, JJ., concur.…
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In the Interest of B.A.B. and K.N.B. C.W. v. State of Fla. Dep't of Child. & Families, 726 So. 2d 402 (Fla. 2d DCA 1999)…We have notified the parties that this nonfi-nal order is not appealable under Florida Rule of Appellate Procedure 9.130(a)(8); however, we can review this order by writ of certiorari. See Fla. R.App. P. 9.040(c); In the Interest of K.D. and C. M., 679 So. 2d 39 (Fla. 2d DCA 1996). Finding no departure from the essential requirements of the law, we deny the petition. Petition denied. PARKER, C.J., and WHATLEY, J., Concur.…
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