T.R., N/K/A T.K., MOTHER OF C.R., D.R., ETC., APPELLANT,
v.
DEPARTMENT OF CHILDREN AND FAMILIES, APPELLEE
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PER CURIAM.
We affirm the lower court’s order that terminates the parental rights of Appellant as to two of her children, C.R. and T.R. We also conclude that the Department established grounds to terminate Appellant’s rights in her third child, D.R. However, in light of our decision to reverse the lower court’s order terminating the parental rights of D.R.’s father in 5D04-4148, who is now married to Appellant, we reverse that portion of the lower court’s order that terminated Appellant’s rights in D.R. and remand this cause for further proceedings under section 39.811(6), Florida Statutes (2005), consistent with the holding in N.M. v. Department of Children & Family Services (In re V.M.), 893 So. 2d 595 (Fla. 2d DCA 2005).
AFFIRMED IN PART; REVERSED IN PART AND REMANDED.
GRIFFIN, SAWAYA and TORPY, JJ, concur.
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K.S. v. Dep't of Child. & Families, 940 So. 2d 577 (Fla. 5th DCA 2006)…nsive evidence was introduced during the three-day hearing implicating section 39.806(l)(c), and the attorneys discussed this ground in closing. KS.’s counsel did not object, and the issue was tried by implied consent. Cf. J.K. v. Dep’t of Children, 925 So. 2d 1138, 1140 (Fla. 5th DCA 2006) (reversing where abandonment was not pled, argued, or tried by consent); T.M. v. Dep’t of Children & Families, 905 So. 2d 993, 996 (Fla. 4th DCA 2005). “Our review of the record reveals that sufficient evidence was presente…
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M.F. Mother of L.F. v. Fla. Dep't of Child. & Families, 992 So. 2d 410 (Fla. 1st DCA 2008)…s relating to the child’s father but are constrained to REVERSE that part of the order terminating Appellant’s parental rights. See P.S. v. Fla. Dep’t of Children & Families, 944 So. 2d 1187 (Fla. 1st DCA 2006); T.R. v. Dep’t of Children & Families, 925 So. 2d 1138 (Fla. 5th DCA 2006); N.M. v. Dep’t of Children & Family Servs., 893 So. 2d 595 (Fla. 2d DCA 2005). WOLF and WEBSTER, JJ., concur.…
Authorities Cited
- In the Interest of V.M. v. Dep't of Child. & Fam. Servs., 893 So. 2d 595 (Fla. 2d DCA 2005)