HENRY AUSTIN, APPELLANT,
v.
JAMES V. CROSBY, JR., APPELLEE
HENRY AUSTIN, APPELLANT,
JAMES V. CROSBY, JR., APPELLEE
921 So. 2d 737
Florida District Court of Appeal, First District (2006)
Positive Treatment
Cited by 4 cases
Opinion of the Court
PER CURIAM.
Upon consideration of the appellant’s response to the Court’s order of January 6, 2006, the Court has determined that the lower tribunal’s October 27, 2005, order is not an appealable order. See Banks v. State, 916 So. 2d 35 (Fla. 1st DCA 2005). Accordingly, the appeal is hereby dismissed for lack of jurisdiction. In light of the dismissal, the appellee’s Motion to Dismiss, and the appellant’s Motion for Extension of Time, are hereby denied as moot.
BARFIELD, WOLF, and BROWNING, JJ., Concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
In the Interest of J.B. v. Dep't of Child. & Fam. Servs., 990 So. 2d 520 (Fla. 2d DCA 2008)…court reviews a final judgment of termination entered pursuant to section 39.801(3)(d) for an abuse of discretion. B.B. v. Dep’t of Children & Family Servs. (In re D.A.), 943 So. 2d 885, 886 (Fla. 2d DCA 2006); D.M. v. Dep’t of Children & Families, 921 So. 2d 737, 739 (Fla. 5th [*523] DCA 2006). Section 39.801(3)(d) provides, in pertinent part: If the person served with notice under this section fails to personally appear at the advisory hearing, the failure to personally appear shall constitute consent for…
-
B.D. v. Dep't of Child. & Families, 46 So. 3d 650 (Fla. 5th DCA 2010)…her granted a short continuance or permitted appellant to appear by telephone where the record reflects that appellant was making a reasonable effort to personally appear at the scheduled adjudicatory hearing. D.M. v. Dep’t of Children and Families, 921 So. 2d 737 (Fla. 5th DCA 2006); see also B.H. v. Dep’t of Children and Families, 882 So. 2d 1099, 1100-01 (Fla. 4th DCA 2004) (“Courts have made a distinction between parents who fail to appear at a hearing without a reasonable explanation versus those who hav…
-
R.A. v. Dep't of Child. & Families, 83 So. 3d 841 (Fla. 5th DCA 2011)…. We agree. When a parent fails to appear at a TPR advisory or adjudicatory hearing, the trial court can deem the default a consent to the termination. See § 39.801(3)(d); Fla. R. Juv. P. 8.510(a)(3), 8.525(d); D.M. v. Dep’t of Children & Families, 921 So. 2d 737, 739 (Fla. 5th DCA 2006). However, the only two types of TPR proceedings during which a parent can be defaulted are advisory hearings and adjudicatory hearings. V.D.C. v. Dep’t of Children & Family Servs., 899 So. 2d 1193, 1194 (Fla. 1st DCA 2005);…
Previewing 3 of 4 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Robert E. Banks v. State, 916 So. 2d 35 (Fla. 1st DCA 2005)