BERNARD BEMBRY AND MARY BEMBRY, APPELLANTS,
v.
DEPARTMENT OF CHILDREN AND FAMILY SERVICES, APPELLEE

Fla. 3d DCA | 1998-07-15
No. 97-1526
Before COPE, FLETCHER and SHEVIN, JJ.
716 So. 2d 806 Florida District Court of Appeal, Third District (1998) Positive Treatment
Cited by 2 cases
Topics
Notice Of Proceedings Appointment Of Counsel Opportunity To Be Heard Dependency Proceedings

Explore caselaw by topic → Browse Notice Of Proceedings cases and more on FLexlaw

Opinion of the Court
PER CURIAM.

PER CURIAM.

Upon consideration of the motion for rehearing filed by the Department of Children and Family Sendees, the court withdraws the opinion dated June 10, 1998, and substitutes the following opinion:

This is an appeal of a final order in a dependency proceeding by Bernard and Mary Bembry, paternal grandparents of the minor child. The order changed the goal of the case plan, confirmed placement of the minor child with the maternal grandmother, terminated dependency supervision, and terminated all visitation rights of the appellant grandparents. The Department of Children and Family Services confesses error in that there was no written motion giving proper notice of the proceedings to the appellant grandparents, nor were they afforded an opportunity to be heard in the trial court proceedings. Accordingly, the order under review is reversed and the cause remanded for a new hearing after proper notice.

The appellant grandparents also point out that appointed counsel had withdrawn and that no substitute counsel had been appointed at the time of the hearing below. The question of appointment of counsel for further proceedings should be raised in the trial court on remand.

Reversed and remanded for further proceedings consistent herewith.

Cases With Similar Vibessemantic neighbors from the corpus

Citator

Cited By

  • J.H. v. Dep't of Child. & Families, 890 So. 2d 476 (Fla. 5th DCA 2004)
    …f the cause. See § 39.521(1), Fla. Stat. (disposition hearing shall be conducted if parents have consented to the finding of dependency or admitted the allegations in the petition). See generally Bembry v. Department of Children and Family Services, 716 So. 2d 806 (Fla. 3d DCA 1998) (reversing, dependency disposition order due to lack of notice of hearing). DCF additionally observes that the trial court failed to follow Chapter 39, Florida Statutes, when it granted permanent custody of the child to the fathe…
  • R.P. and M.P. v. Dep't of Child. & Families, 779 So. 2d 649 (Fla. 1st DCA 2001)
    …PER CURIAM. We reverse in part the order and judgment under review and remand for a new hearing after proper notice is provided to the appellants. See Bembry v. Department of Children and Family Services, 716 So. 2d 806 (Fla. 3rd DCA 1998). Because the appellants’ lack of notice was the only issue properly before this Court, the order and judgment at issue are only reversed to the extent they permanently terminate the appellants’ visitation rights, eliminate them a…

Full citator, related cases, and AI research tools

Open in FLexlaw