J.D., THE FATHER OF F.H., I.H., K.H., AND V.H., APPELLANT,
v.
THE DEPARTMENT OF CHILDREN AND FAMILIES, APPELLEE
J.D., THE FATHER OF F.H., I.H., K.H., AND V.H., APPELLANT,
THE DEPARTMENT OF CHILDREN AND FAMILIES, APPELLEE
825 So. 2d 447
Florida District Court of Appeal, First District (2002)
Positive Treatment
Cited by 12 cases
Opinion of the Court
PER CURIAM.
In this appeal from a final order terminating his parental rights, appellant argues that reversal is required because appellee failed to establish by clear and convincing evidence all of the required elements. Appellant failed to preserve this issue for review by a motion for judgment of dismissal at the conclusion of appellee’s case, see Fla. R. Juv. P. 8.525(h), or otherwise. Accordingly, we are constrained to affirm.
AFFIRMED.
BARFIELD and WEBSTER, JJ., concur. BENTON, J., dissents.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By (12 total)
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T.P. v. Dep't of Child. & Fam. Servs., 935 So. 2d 621 (Fla. 3d DCA 2006)…harmed.child, Z.K.P., was waived and is not properly before this court where the appellant father failed to specifically raise the same in his motion for judgment of dismissal at the conclusion of DCF’s case. See J.D. v. Dept. of Children and Fams., 825 So. 2d 447 (Fla. 1st DCA 2002). Moreover, the father’s challenge to the insufficiency of the evidence does not-rise [*626] to the level of fundamental error so as to permit him to raise it for the first time on appeal. See F.B. v. State, 852 So. 2d 226, 229-30…
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Fla. Dep't OF Child. & Families v. H.D., 985 So. 2d 1059 (Fla. 2008)…PER CURIAM. We initially accepted review of the decision in H.D. v. Department of Children & Families, 964 So. 2d 818 (Fla. 4th DCA 2007), based on certified conflict with J.D. v. Department of Children & Families, 825 So. 2d 447 (Fla. 1st DCA 2002). Upon further consideration, we conclude that jurisdiction was improvidently granted. Accordingly, we hereby discharge jurisdiction and dismiss this review proceeding. It is so ordered. LEWIS, C.J., and WELLS, ANSTEAD, PARIEN…
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K.J. v. Dep't of Child. & Families, 33 So. 3d 88 (Fla. 1st DCA 2010)…ely waived. As to section 39.806(l)(c), based upon our precedent, we hold that Appellant’s claims were not preserved because no motion for judgment of dismissal was filed at the close of the GAL’s case-in-chief. J.D. v. Dep’t of Children & Families, 825 So. 2d 447 (Fla. 1st DCA 2002). We recognize that the Fourth District Court of Appeal took a contrary position in H.D. v. Dep’t of Children & Families, 964 So. 2d 818, 819 (Fla. 4th DCA 2007), rev. dismissed, 985 So. 2d 1059 (Fla.2008), holding that such a mot…
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