IN RE J.A., J.A., J.C., J.C., CHILDREN. JEANNETTE I. CZECZELI, APPELLANT,
v.
DEPARTMENT OF H.R.S., APPELLEE
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PER CURIAM.
In the initial brief filed by the appellant in this termination of parental rights case, appellant’s court-appointed counsel advised this court that he had read the record and discovered no meritorious issues for appeal. He then requested the court to employ the procedure set forth in Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493, reh’g denied, 388 U.S. 924, 87 S.Ct. 2094, 18 L.Ed.2d 1377 (1967), pertaining to indigent appeals in criminal cases.
H.R.S. then filed a motion-to dismiss this appeal. Counsel for the appellant filed a response to the motion which we deem to be a motion to withdraw as counsel. Prior to issuing a ruling on the motion to dismiss, this court granted the appellant thirty days to file a pro se brief. The thirty-day time period has expired and the appellant has failed to file a brief or any other paper. Therefore, we dismiss this appeal due to the appellant’s failure to prosecute. In so ruling, we join the third and fourth districts in holding that it is not required that Anders procedures be followed in appeals from orders terminating parental rights. See Jimenez v. Department of Health and Rehabilitative Services, 669 So. 2d 340 (Fla. 3d DCA 1996); Ostrum v. Department of Health and Rehabilitative Services, 663 So. 2d 1359 (Fla. 4th DCA 1995).
Appeal DISMISSED.
PETERSON, C.J., and GOSHORN and ANTOON, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
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Pullen v. State, 802 So. 2d 1113 (Fla. 2001)…ess clause. See, e.g., Ostrum v. Dep’t of Health & Rehabilitative Servs., 663 So. 2d 1359 (Fla. 4th DCA 1995) (termination of parental rights); Jimenez v. Dep’t of Health & Rehabilitative Servs., 669 So. 2d 340 (Fla. 3d DCA 1996) (same); In re J.A., 693 So. 2d 723 (Fla. 5th DCA 1997) (same); In re K.W., 779 So. 2d 292 (Fla. 2d DCA 1998) (same); Gantt v. State, 714 So. 2d 1116 (Fla. 4th DCA 1998) (noncapital postconviction proceeding where court exercised discretion to appoint public defender); Pullen v. State…
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N.S.H. v. Fla. Dep't of Child. & Fam. Servs., 843 So. 2d 898 (Fla. 2003)…osition of the more time consuming Anders procedures. See id. The Second, Third, and Fifth Districts have likewise declined to extend An-ders to termination of parental rights cases. See In re K.W., 779 So. 2d 292, 294 (Fla. 2d DCA 1998); In re J.A. 693 So. 2d 723, 724 (Fla. 5th DCA 1997); Jimenez v. Dep’t of Health & Rehabilitative Servs., 669 So. 2d 340, 341 (Fla. 3d DCA 1996). We agree with the district courts of appeal that Anders procedures should not be mandated in termination of parental rights cases.…
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Dep't of Child. & Fam. Servs. v. The Natural Parents OF J.B., 736 So. 2d 111 (Fla. 4th DCA 1999)…w.” 663 So. 2d at 1861. Our decision in Ostrum has since been approved and followed by other Florida District Courts of Appeal. See In the Interest of K.W., 24 Fla. L. Weekly D87, — So. 2d -, 1998 WL 889770 (Fla. 2nd DCA Dec. 23, 1998); In re J.A., 693 So. 2d 723 (Fla. 5th DCA 1997), and Jimenez v. Department of Health and Rehabilitative Services 669 So. 2d 340 (Fla. 3 DCA 1996). The trial court here essentially gleaned its conclusion from the decisions of the United States Supreme Court in M.L.B. v. S.L.J.…
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- Anders v. California, 386 U.S. 738 (U.S. 1967)
- Ostrum v. Dep't of Health & Rehabilitative Servs. of the State of Fla., 663 So. 2d 1359 (Fla. 4th DCA 1995)
- Potter v. California, 388 U.S. 924 (U.S. 1967)
- Nuris Jimenez v. The Dep't of Health & Rehabilitative Servs., 669 So. 2d 340 (Fla. 3d DCA 1996)