INTERCARGO INSURANCE COMPANY, APPELLANT,
v.
DONALD KAPLAN AND CITIBANK, F.S.B., APPELLEES

Fla. 3d DCA | 2001-05-16
No. 3D00-3429
Before GERSTEN, LEVY and SHEVIN, JJ.
785 So. 2d 687 Florida District Court of Appeal, Third District (2001)

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Synopsis

The court affirmed the trial court's denial of a motion to dismiss and remedy, upholding the adjudication of dependency for two children and holding that a party cannot collaterally challenge their appointed counsel's performance in a dependency proceeding, other than through a malpractice action.


Holding

The court held that S.B. has no right to collaterally challenge her appointed counsel's performance in a dependency proceeding, except by filing a malpractice action.


Facts & Procedural History

S.B. failed to appear at an arraignment hearing for her two daughters, which resulted in an adjudication of dependency based on statutory consent. She…

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Opinion of the Court
PER CURIAM.

PER CURIAM.

Affirmed. See Garrote v. Ocean Bank, 713 So. 2d 1095, 1097 (Fla. 3d DCA 1998)(dragnet clause covers future debts when obligations are of the “same kind and class”); Grant S. Nelson and Dale A. Whitman, Real Estate Finance Law § 12.8, at 227-28 (3d ed.1993).


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