R.B., FATHER OF J.B., A CHILD, APPELLANT,
v.
DEPARTMENT OF CHILDREN AND FAMILIES, APPELLEE
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The court held that an order finding a child dependent but withholding adjudication is appealable, and affirmed the dependency adjudication based on neglect.
The father appealed a dependency adjudication, arguing the petition did not allege abandonment. The trial court found the child dependent based on the…
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PALMER, J.
R.B. (father) appeals the order of the trial court adjudicating his daughter to be dependent and placing her in shelter care. Finding no abuse of discretion, we affirm.
The father contends that the trial court erred in finding dependency on the basis of abandonment, when the petition for dependency did not reference abandonment. The father’s position is unfounded because the petition for dependency alleged generally that the parents had abused and neglected the child, and the trial court stated on the record that the child was found dependent based upon the father’s neglect.
The father also argues that this court erred when it dismissed his first appeal based upon a determination that the trial court’s order finding his daughter dependent but withholding an adjudication of dependency. was not a final, appealable order. Although both parties recognize that this issue is now moot, both request appellate review because of an apparent inconsistency in the manner in which our court has addressed this issue. See Enterprise Leasing Co. v. Jones, 789 So. 2d 964 (Fla.2001) (holding that the court can properly address an issue which, although moot, is likely to recur). We agree that appellate review is warranted and take this opportunity to reiterate that a trial court order finding a child dependent but withholding an adjudication of dependency is properly reviewable by this court pursuant to rule 9.030(b)(1)(A) of the Florida Rules of Appellate Procedure. See F.R. v. Dep’t of Children & Families, 763 So. 2d 478 (Fla. 5th DCA 2000); K.S. v. Dep’t of Children & Families, 760 So. 2d 1068 (Fla. 5th DCA 2000).
AFFIRMED.
GRIFFIN and PLEUS, JJ., concur.
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In the Interest of M.C. and H.C. v. Dep't of Child. & Fam. Servs. & Guardian Ad Litem Program, 11 So. 3d 1013 (Fla. 2d DCA 2009)…erse. We have jurisdiction to review the order finding the children to be dependent but withholding adjudication of dependency. See P.H. v. Dep’t of Children & Families, 901 So. 2d 277, 277 (Fla. 5th DCA 2005); R.B. v. Dep’t of Children & Families, 799 So. 2d 441, 442 (Fla. 5th DCA 2001); E.M.A. v. Dep’t of Children & Families, 795 So. 2d 183, 184 (Fla. 1st DCA 2001); F.R. v. Dep’t of Children & Families, 763 So. 2d 478, 479 (Fla. 5th DCA 2000). The Mother argues, and the Department concedes, that the Depar…
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- F.R. v. Dep't OF Child. & Families, 763 So. 2d 478 (Fla. 5th DCA 2000)
- Fine v. State, 760 So. 2d 1068 (Fla. 5th DCA 2000)
- K.S. v. Dep't of Child. & Families, 760 So. 2d 1068 (Fla. 5th DCA 2000)