DEPARTMENT OF CHILDREN AND FAMILIES, APPELLANT,
v.
IN THE INTEREST OF L. R., A CHILD, APPELLEE
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PER CURIAM.
Notwithstanding that she had signed a written consent to the petition for dependency, the child’s mother was entitled to notice and an opportunity to be heard with regard to all proceedings regarding the dependency of her child. J.H. v. Department of Children & Families, 890 So. 2d 476 (Fla. 5th DCA 2004); C.L.R. v. Department of Children & Families, 913 So. 2d 764 (Fla. 5th DCA 2004). This includes entitlement to notice and opportunity to attend the mediation conference involving the father of the child. Because the mother did not receive such notice, the trial court should have granted the motion to set aside the mediation agreement. The order denying the motion to set aside the mediation agreement is therefore REVERSED and the case is REMANDED to the trial court with directions to set aside the mediation agreement and to order mediation after proper notice to all parties, including both of the child’s natural parents.
ERVIN, BARFIELD, and VAN NORTWICK, JJ., concur.
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Boladares v. Olemshoe Corp. & The Hartford Ins. Co., 28 So. 3d 176 (Fla. 1st DCA 2010)…loyer/carrier’s motion to dismiss not an appealable final order); Truc v. Kimmins Corp., 889 So. 2d 964, 964 (Fla. 1st DCA 2004) (dismissing appeal of order granting employer/carrier’s motion to dismiss pursuant to Mintz); see also, Dedge v. Crosby, 914 So. 2d 1055, 1056 (Fla. 1st DCA 2005) (order granting motion to dismiss with prejudice no more final than order granting motion to dismiss without prejudice). All pending motions are dismissed as moot. LEWIS, THOMAS, and WETHERELL, JJ., concur.…
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Skoran v. Seacoast Util. Auth. & Fla. League of Cities, 60 So. 3d 1174 (Fla. 1st DCA 2011)…r/earrier’s motion to dismiss is not an appealable final order); Truc v. Kimmins Corp., 889 So. 2d 964, 964 (Fla. 1st DCA 2004) (dismissing, pursuant to Mintz, appeal of order granting employer/carrier’s motion to dismiss); see also Dedge v. Crosby, 914 So. 2d 1055, 1056 (Fla. 1st DCA 2005) (order granting motion to dismiss with prejudice no more final than order granting motion to dismiss without prejudice). DISMISSED. BENTON, C.J., WEBSTER, and VAN NORTWICK, JJ., concur.…
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Fla. Agency For Health Care Adm. v. McClain, 43 Fla. L. Weekly Fed. D 451 (Fla. 1st DCA 2018)
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- C.L.R. v. Dep't of Child. & Families, 913 So. 2d 764 (Fla. 5th DCA 2005)
- J.H. v. Dep't of Child. & Families, 890 So. 2d 476 (Fla. 5th DCA 2004)