NEZRA TED MCCARTY, PETITIONER,
v.
STATE OF FLORIDA, RESPONDENT

Fla. 1st DCA | 2003-02-06
No. 1D02-2831
ALLEN, C.J., WOLF and PADOVANO, JJ., concur.
837 So. 2d 525 Florida District Court of Appeal, First District (2003) Positive Treatment
Cited by 6 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

The petition for belated appeal of the judgment and sentence imposed on March 14, 2002, in Wakulla County Circuit Court case number 01-57-CFA, is granted. Upon issuance of mandate in this cause, a copy of this opinion shall be provided to the clerk of the circuit court for treatment as a notice of appeal. See Fla. R.App. P. 9.141(c)(5)(D). The court notes that in accordance with the lower tribunal’s order regarding petitioner’s entitlement to a belated appeal, the Public Defender has been appointed to represent petitioner on appeal.

ALLEN, C.J., WOLF and PADOVANO, JJ., concur.


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  • Morris v. Morris, 255 So. 3d 908 (Fla. 1st DCA 2018)
    …parents are unfit to provide for the care and control of the child. In determining that a parent is unfit, the court must find that the parent has abused, abandoned, or neglected the child, as defined in Chapter 39. See also Landinguin v. Carneal, 837 So. 2d 525, 527 (Fla. 4th DCA 2003). Here, the trial court found the biological father fit. We agree with the trial court’s finding, as there is no legally sufficient evidence in the record to support allegations of abuse, abandonment, or neglect. In additi…
  • In the Interest of A.M.M. v. J.M.M., 63 So. 3d 910 (Fla. 2d DCA 2011)
    …the child. See § 39.01(1). But the grandmother’s UCCJEA affidavit— which reflected that the mother had lived with her child until just a few weeks before the affidavit was signed — appeared to undermine those allegations. See Landinguin v. Carneal, 837 So. 2d 525 (Fla. 4th DCA 2003) (noting that a sworn petition alleging, among other things, that a grandmother was solely responsible for child’s financial and emotional care and that the mother had spent little time with the child, contained insufficient facts…
  • Wright v. Tribble (Fla. 3d DCA 2018)
    …child as defined in chapter 39); In re T.H. v. Dep’t Children and Family Servs., 979 So. 2d 1075, 1081 (Fla. 2d DCA 2008) (concluding evidence of involuntary abandonment by parent insufficient to terminate parental rights); Landinguin v. Carneal, 837 So. 2d 525, 527 (Fla. 4th DCA 2003) (quoting § 751.05(3), Fla. Stat. (2001)) (“where one parent objects to the granting of custody, ‘the court shall grant the petition only upon a finding, by clear and convincing evidence, that the child’s parent or parents…

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