RHONDEL PARIS, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
RHONDEL PARIS, APPELLANT,
THE STATE OF FLORIDA, APPELLEE
937 So. 2d 184
Florida District Court of Appeal, Third District (2006)
Positive Treatment
Cited by 16 cases
Opinion of the Court
PER CURIAM.
This is an appeal of an order summarily denying a motion under Florida Rule of Criminal Procedure 3.800(a). This Court must reverse any order summarily denied unless the postconviction Record conclusively establishes that the appellant is not entitled to relief. See Fla. R.App. P. 9.141(b)(2)(A).
Because the Record before us fails to make the required showing, we reverse the order on appeal and remand for an evidentiary hearing, or for the attachment of Record excerpts conclusively showing that the appellant is not entitled to relief. See Fla. R.App. P. 9.141(b)(2)(D).
Reversed and remanded for further proceedings.
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C.A. v. Dep't of Child. & Families, 958 So. 2d 554 (Fla. 4th DCA 2007)…While it is not necessary to show E.A. was present for the parents’ alleged drug use, the totality of the circumstances must show an imminent risk of harm is created by the actions of the parent(s). See J.C. v. Dep’t of Children and Family Services, 937 So. 2d 184, 187 (Fla. 3d DCA 2006). We find this is not the case. As pointed out above, there was no indication that [*561] E.A.’s environment was not up to par or that he showed signs of neglect. Even given the evidence of C.A.’s admitted earlier drug use, we…
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L.D. v. Dep't of Child. & Fam. Servs., 957 So. 2d 1203 (Fla. 3d DCA 2007)…een model parents. The State of Florida does not demand perfection from its families. Rather, the State demands that children be protected from abuse and from the substantial risk of imminent abuse. J.C. v. Department of Children and Family Servs., 937 So. 2d 184, 193 (Fla. 3d DCA 2006) (Shepherd, J. dissenting) (citations and quotations omitted). The record demonstrates L.D.’s commitment to both bettering herself and capably raising her child. The trial court, however, punished L.D. for a relapse that on t…
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C.J. v. Dep't OF Child. & Families, 968 So. 2d 121 (Fla. 4th DCA 2007)…ired. § 39.01(43), Fla. Stat. (emphasis added). It is not always necessary that a child be physically present in the room in which an incident occurs to demonstrate neglect or risk of neglect. In J.C. v. Department of Children and Family Services, 937 So. 2d 184, 187 (Fla. 3d DCA 2006), the department alleged, and the trial court found, “neglect and/or risk of imminent neglect ... based on the environment that the children were permitted to live in.” In affirming, the court explained that the totality of th…
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