CHEREE M. ROBINSON, APPELLANT,

v.

WEST FLORIDA REGIONAL MEDICAL CENTER, APPELLEE

Citator

Cited By

• In the Interest of A.N.D. v. Dep't of Child. & Fam. Servs., 883 So. 2d 910 (Fla. 2d DCA 2004)
  …as are just, based upon mistake, inadvertence, surprise, or excusable neglect). Although case law has recognized a parent’s right to seek to set aside such a “consent by default,” see, e.g., M.C. v. State, Dep’t of Children & Families (In re W.C.), 797 So. 2d 1273 (Fla. 1st DCA 2001) (holding trial court did not abuse discretion in denying motion to set aside termination based upon implied consent); A.J. v. Dep’t of Children & Families, 845 So. 2d 973 (Fla. 4th DCA 2003) (holding trial court abused discretion…
• B.H., SR. v. Dep't of Child. & Families, 882 So. 2d 1099 (Fla. 4th DCA 2004)
  …planation. See S.C., 877 So. 2d at 833. Courts have made a distinction between parents who fail to ap [*1101] pear at a hearing without a reasonable explanation versus those who have made some reasonable effort to be present. See id. In In re W.C., 797 So. 2d 1273, 1274 (Fla. 1st DCA 2001), a father, living out-of-state, did not personally appear at the advisory hearing. Rather, his attorney appeared in his stead. The trial court treated his failure to personally appear as a default consent to termination. In…
• S.C. v. Dep't of Child. & Families, 877 So. 2d 831 (Fla. 4th DCA 2004)
  …rida Rule of Juvenile Procedure 8.510(a)(3), provide statutory and procedural authority for the court to accept a parent’s failure to appear at an advisory hearing as constructive consent to termination of parental rights by default. See In re W.C., 797 So. 2d 1273, 1274 (Fla. 1st DCA 2001). These provisions recognize the trial court’s authority to terminate parental rights even if the parent does not participate in the hearing process. J.B. v. Dep’t of Children & Families, 768 So. 2d 1060, 1067 (Fla. [*833] 2…

Authorities Cited

• Mendez v. W. Flagler Fam. Ass'n, Inc., 303 So. 2d 1 (Fla. 1974)
• Milin v. Nw. Fla. Land, L.C., 778 So. 2d 1062 (Fla. 1st DCA 2001)
• Bernard v. First Union Nat'l Bank, 778 So. 2d 1062 (Fla. 1st DCA 2001)