PAUL BETTY, PETITIONER,
v.
STATE OF FLORIDA, RESPONDENT
PAUL BETTY, PETITIONER,
STATE OF FLORIDA, RESPONDENT
756 So. 2d 164
Florida District Court of Appeal, Fourth District (2000)
Positive Treatment
Cited by 12 cases
Opinion of the Court
PER CURIAM.
The petitioner seeks a writ of habeas corpus granting him a belated appeal of a circuit court order that denied his petition for writ of habeas corpus. He alleges that he is entitled to a belated appeal because the circuit court’s order failed to advise that he had thirty days to appeal that order. For the reasons set forth in Dunbar v. State, 688 So. 2d 993 (Fla. 5th DCA 1997), and Jordan v. State, 549 So. 2d 805 (Fla. 1st DCA 1989), we hold that the petitioner is not entitled to a belated appeal and consequently deny the petition.
WARNER, C.J., DELL and FARMER, JJ., concur.
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R.P. v. Dep't OF Child. & Families, 835 So. 2d 1212 (Fla. 4th DCA 2003)…. 2d 1060, 1064 (Fla.2000) (“[t]he significance of the rights at issue here cannot be overstated”). In cases under chapter 61, this court “has always been of the opinion that custody should never be determined on a default basis.” Webber v. Novelli, 756 So. 2d 164, 165 (Fla. 4th DCA 2000). Surely that policy is no less applicable when parental rights are sought to be ended. While the statute does actually authorize a default at the advisory hearing in TPR cases,2 courts should ordinarily refrain from determin…
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Childers v. Riley, 823 So. 2d 246 (Fla. 4th DCA 2002)…FARMER, J. We reverse and remand for a new trial on the issue of child custody. As we did in Webber v. Novelli, 756 So. 2d 164, 165 (Fla. 4th DCA 2000), we hold that the issue of custody should not ordinarily be determined by entering a default against one of the parents. In Webber we said that the best interests of children in custody disputes is not susceptible to default…
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Jeffers v. Therese Gail McLEARY, 118 So. 3d 287 (Fla. 4th DCA 2013)…2 So. 2d 512, 514 (Fla. 4th DCA 2002) (“In making a determination on child custody according to the best interests of the child ‘guidepost,’ the court should have the benefit of the testimony of both parents.” (citation omitted)); Webber v. Novelli, 756 So. 2d 164, 165 (Fla. 4th DCA 2000); see also § 61.13(3), Fla. Stat. (2011) (stating that when establishing or modifying a time-sharing schedule, “the best interest of the child shall be the primary consideration”). Because orders affecting time-sharing impli…
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- Jordan v. State, 549 So. 2d 805 (Fla. 1st DCA 1989)
- Dunbar v. State, 688 So. 2d 993 (Fla. 5th DCA 1997)