DEPARTMENT OF CHILDREN AND FAMILIES, APPELLANT,
v.
K.H. THE MOTHER AND A.A. THE FATHER, APPELLEES
PER CURIAM.
In this dependency action, Appellant challenges the lower court’s summary dismissal of the petition prior to the conclusion of the adjudicatory hearing. We reverse.
During an adjudicatory hearing on Appellant’s petition for dependency, the trial court, sua sponte, summarily dismissed the petition after Appellant’s first witness had testified but before Appellant had concluded presenting evidence in support of the petition. In so doing, the lower court violated Appellant’s right to due process. Therefore, the order is reversed and this matter is remanded with instructions that the court conduct a new hearing on Appellant’s petition.
REVERSED and REMANDED.
PALMER, ORFINGER and TORPY, JJ., concur.
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In the Interest of B.R.C.M., 182 So. 3d 749 (Fla. 3d DCA 2015)…ed the denial of an adjudication of dependency in F.L.M. v. Department of Children & Families, 912 So. 2d 1264 (Fla. 4th DCA 2005). The Fifth District reversed the summary dismissal of a private petition in Department of Children & Families v. K.H., 937 So. 2d 807 (Fla. 5th DCA 2006), and it reversed an adjudication of denial of dependency in [*757] L.T. v. Department of Children & Families, 48 So. 3d 928 (Fla. 5th DCA 2010). In 2011, this Court reversed, in pertinent part, the summary denial of a private pet…1 / 2
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Dep't OF Child. & Families v. T.S., 154 So. 3d 1223 (Fla. 4th DCA 2015)…Citizens for Responsible Gov’t, Inc. v. Fla. Keys Aqueduct Auth., 795 So. 2d 940, 948 (Fla.2001). Notice and an opportunity to be heard are the hallmarks of due process. Here, that due process was missing. See Dep’t of Children & Families v. K.H., 937 So. 2d 807, 808 (Fla. 5th DCA 2006). Both the child’s and DCF’s due process rights were violated. The order of dismissal must be reversed. DCF also argues the trial court erred in not considering the best interests of the child. We agree. At the heart of all…
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