A.G. AND D.J., APPELLANTS,
v.
DEPARTMENT OF CHILDREN AND FAMILY SERVICES, APPELLEE
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An order adjudicating a child dependent is a final, appealable order. The appeal of such an order must be timely filed.
Appellants appealed various orders, including an order adjudicating their children dependent. The appeal of the adjudication order was filed long afte…
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PER CURIAM.
We withdraw our opinion on Motion for Rehearing, issued April 8, 1998, and substitute the following:
The appellants brought an appeal of various orders including an order adjudicating appellants’ children dependent. We originally dismissed the appeal of this order as untimely, as the order of adjudication had been entered on November 21, 1994, and the appeal was filed on December 1, 1997.1
After we entered the order dismissing the appeal of the order of adjudication, appellants moved for rehearing urging that our disposition creates a conflict. We agree. The issue is whether an order adjudicating a child dependent pursuant to section 39.409, Florida Statutes (1993), is a final appealable order, or whether it is non-final and can be reviewed on appeal when a subsequent disposition order is entered.
We agree with the reasoning of the first district in G.L.S. v. Department of Children and Families, 700 So. 2d 96 (Fla. 1st DCA 1997), which held that an order of adjudication is a final, appealable order. See also In Interest of T.M., 614 So. 2d 561 (Fla. 1st DCA 1993). We certify conflict, as the first district did in G.L.S., with the case on which appellants rely, Moore v. Department of Health and Rehabilitative Services, 664 So. 2d 1137 (Fla. 5th DCA 1995). Although Moore and G.L.S. dealt with termination of parental rights, we view the issue of appeala-bility, vel non, of an adjudicatory order to be the same in dependency proceedings.
We deny the motion for rehearing.
WARNER, POLEN and KLEIN, JJ., concur. . We redesignated the remainder of their appeal as a petition for writ of mandamus.
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A.G. and D.J. v. Dep't OF Child. & Fam. Servs., 731 So. 2d 1260 (Fla. 1999)…PER CURIAM. We have for review the decision in A.G. v. Department, of Children and Family Services, 707 So. 2d 972 (Fla. 4th DCA 1998). The district court certified conflict with the decision in Moore v. Department of Health & Rehabilitative Services, 664 So. 2d 1137 (Fla. 5th DCA 1995). We have jurisdiction. Art. V, § 3(b)(4), Fla. Const. We recently decided G…
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A.G. and D.J. v. Dep't OF Child. & Fam. Servs., 745 So. 2d 1158 (Fla. 4th DCA 2000)…KLEIN, J. We grant the Department’s motion for rehearing, withdraw our opinion filed September 22, 1999, and substitute the following opinion in its place. In A.G. v. Department of Children and Family Services, 707 So. 2d 972 (Fla. 4th DCA 1998), we concluded that an order adjudicating children dependent was a final order which had to be appealed when it was entered. The Florida Supreme Court, after considering conflicting decisions, disagreed with us and held that an or…
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A.G. v. Dep't of Child. & Families, 846 So. 2d 622 (Fla. 4th DCA 2003)…; A.G. v. Dep’t of Children & Family Servs., 716 So. 2d 792 (Fla. 4th DCA 1998). Although this court determined the father’s appeal was untimely from the order of adjudication entered November 21, 1994, see A.G. v. Dep’t of Children & Family Servs., 707 So. 2d 972, 972 (Fla. 4th DCA 1998), the supreme court quashed our decision, concluding that the issue of dependency could be appealed either from the entry of the order of adjudication or the entry of the order of disposition. See A.G. v. Dep’t of Children &…
Authorities Cited
- Moore v. Dep't of Health & Rehabilitative Servs., 664 So. 2d 1137 (Fla. 5th DCA 1995)
- G.L.S. v. Dep't of Child. & Families, 700 So. 2d 96 (Fla. 1st DCA 1997)
- In the Interest of T.M. and F.M. v. Dep't of Health & Rehabilitative Servs., 614 So. 2d 561 (Fla. 1st DCA 1993)