M.W. THE MOTHER OF J.W., A CHILD, APPELLANT,
v.
DEPARTMENT OF CHILDREN AND FAMILIES, APPELLEE
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The appellate court reversed the trial court's summary denial of a habeas corpus petition and remanded for the trial court to properly consider the mother's request for a belated appeal in a parental rights termination case, requiring findings of fact on entitlement to the belated appeal.
A trial court must provide findings of fact when ruling on a petition for habeas corpus seeking a belated appeal in a termination of parental rights case, rather than summarily denying the petition.
[1] A trial court ruling on a habeas corpus petition for a belated appeal in a termination of parental rights case must provide findings of fact supporting the grant or denia…
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Join FLexlaw to unlock all legal intelligenceThe mother filed a petition for habeas corpus in the trial court as previously directed by the appellate court, but the petition addressed only the me…
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PER CURIAM.
We have previously directed the appellant to file a petition for writ of habeas corpus seeking a belated appeal pursuant to In re E.H., 609 So. 2d 1289 (Fla.1992). See M.W. v. Dep’t of Children and Families, 769 So. 2d 513 (Fla. 1st DCA 2000). The appellant did file a petition with the trial court as directed. However, the petition only addressed the merits of the termination of parental rights order and briefly explained the events surrounding the untimely notice of appeal. The petition did not contain any request for a belated appeal. The trial court summarily denied the petition without stating any findings of fact with respect to the appellant’s entitlement to a belated appeal. As discussed in T.D. v. Dep’t of Health and Rehabilitative Serv., 639 So. 2d 704 (Fla. 1st DCA 1994), the appellant should be afforded an opportunity to obtain a review of the merits of her case. Accordingly, we reverse and remand with directions to the appellant to file a petition for habeas corpus relief setting forth the grounds which entitle the appellant to a belated appeal. The trial court, in ruling on the petition, should provide findings of fact which support the grant or denial of the belated appeal.
REVERSED and REMANDED with directions.
ALLEN, C.J., PADOVANO and LEWIS, JJ., concur.
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Citator
Cited By
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In the Interest of B.H. v. Dep't of Child. & Fam. Servs., 893 So. 2d 639 (Fla. 2d DCA 2005)…ation of parental rights cases, however, the proper vehicle for relief to obtain a belated appeal is to file a petition for writ of habeas corpus in the trial court. In re E.H., 609 So. 2d 1289, 1290 (Fla.1992); M.W. v. Dep’t of Children & Families, 792 So. 2d 1241, 1241-42 (Fla. 1st DCA 2001). Although the Mother’s pro se motion for relief from judgment cited rule 1.540, the motion asserted a basis for habeas relief to file a belated appeal of the termination order. Our dismissal of the Mother’s prior appeal…
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H.K. v. Dept. of Child. & Families (Fla. 4th DCA 2019)…rejudice for the movant to petition the circuit court for a writ of habeas corpus seeking a belated appeal. See, e.g., J.F.S. III v. State, Dep’t of Children & Families, 224 So. 3d 926, 927 (Fla. 1st DCA 2017); M.W. v. Dep’t of Children & Families, 792 So. 2d 1241, 1241–42 (Fla. 1st DCA 2001) (“[W]e reverse and remand with directions to the appellant to file a petition for habeas corpus relief [in the circuit court] setting forth the grounds which entitle the appellant to a belated appeal.”). ---PAGE 3--- 3…
Authorities Cited
- In the Interest OF E.H., 609 So. 2d 1289 (Fla. 1992)
- M.W. v. Dep't OF Child. & Families, 769 So. 2d 513 (Fla. 1st DCA 2000)
- T.D. v. Dep't of Health & Rehabilitative Servs., 639 So. 2d 704 (Fla. 1st DCA 1994)