MERCURY INSURANCE COMPANY OF FLORIDA, APPELLANT,

v.

ASHLEY COATNEY, AS PERSONAL REPRESENTATIVE OF THE ESTATE OF CEASAR L. COATNEY, DECEASED, WILLIAM H. MOODY SR., AND MARGARET MOODY, APPELLEES

Citator

Cited By

• Fla. Dep't OF Child. & Families v. F.L., 880 So. 2d 602 (Fla. 2004)
  …e child at issue. Id. at 686. A.B.’s interpretation, that the statute creates a presumption sufficient for termination but subject to rebuttal by a parent, has been endorsed in other appellate cases. See, e.g., T.P. v. Dep’t of Children & Families, 860 So. 2d 1084 (Fla. 5th DCA 2003); In re T.S., 855 So. 2d 679 (Fla. 2d DCA 2003). [*609] However, the constitutionality of such a rebuttable presumption in this context has been disputed. In C.W. v. Department of Children & Families, 814 So. 2d 488 (Fla. 1st DCA…

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• In the Interest of K.A. v. Dep't of Child. & Fam. Servs., 880 So. 2d 705 (Fla. 2d DCA 2004)
  …Judge Sawaya has suggested that the "manifest best interests” considerations set forth in section 39.810, Florida Statutes (2002), effectively supplant the least restrictive means test discussed in Padgett. See T.P. v. Dep’t of Children & Families, 860 So. 2d 1084, 1092-95 (Fla. 5th DCA 2003) (Sawaya, C J., concurring). Certainly the two concepts are interrelated.…
• In the Interest of G.D. and C.D. v. Dep't of Child. & Fam. Servs., 870 So. 2d 235 (Fla. 2d DCA 2004)
  …ot been abused may be adjudicated dependent based on abuse inflicted upon their siblings; however, the evidence must demonstrate a nexus between the abuse and any prospective abuse to another sibling.”). But see T.P. v. Dep’t of Children & Families, 860 So. 2d 1084, 1089 (Fla. 5th DCA 2003) (holding that parental rights may be terminated based on the egregious abuse of a sibling without a showing of a nexus but providing that the parent should be afforded the opportunity to show a lack of a nexus). “Generally…

Authorities Cited

• Benton v. Moore, 655 So. 2d 1272 (Fla. 1st DCA 1995)