IN RE: JANE DOE, A MINOR, APPELLANT

Fla. 4th DCA | 2006-04-03
No. 4D06-1325
GROSS, TAYLOR and MAY, JJ., concur.
943 So. 2d 806 Florida District Court of Appeal, Fourth District (2006) Positive Treatment
Cited by 3 cases


Opinion of the Court
PER CURIAM.

PER CURIAM.

A 17-year old minor appeals the denial of her petition for judicial waiver of parental notification of the minor’s termination of pregnancy, pursuant to section 390.01114, Florida Statutes (2005). We reverse, because the trial court failed to issue written and specific factual findings and legal conclusions supporting its decision to deny the petition. See § 390.01114(4)(d), Fla. Stat. (2005); Rule 8.825, Florida Rules of Juvenile Procedure.

Here, the uncontroverted evidence shows that the 17-year old petitioner is self-supporting, attending school, and has not communicated with or depended upon her sole parent for several years. The record is totally devoid of any factual or legal basis for the court’s determination that the minor is not sufficiently mature to decide whether to terminate her pregnancy. Here, the trial court’s conclusory finding on the minor’s maturity provides us with no basis for meaningful review and, further, based on this record, amounts to a failure to rule within the 48-hour period as mandated under the statute and rules. Accordingly, on remand, the trial court shall issue an immediate order granting the petition.

Reversed and Remanded.

GROSS, TAYLOR and MAY, JJ., concur.


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Citator

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  • …r as “right for the wrong reason.” And, indeed, in no other reported Florida judicial bypass case has an appellate court failed to reverse an order that did not comply with the statute. See Doe, 932 So. 2d 278 (Fla. 2d DCA 2005); see also In re Doe, 943 So. 2d 806 (Fla. 4th DCA 2006); Doe, 921 So. 2d 753 (Fla. 1st DCA 2006). As this court observed in E.B.L., 544 So. 2d at 336: It is our obligation to review the actions of trial courts to assure their compliance with the requirements of the law. Even when the…
  • In re Jane Doe 22-A v. . (Fla. 1st DCA 2022)
    …parental consent was in the minor’s best interest, which is itself a sufficient basis to reverse its order given that the minor’s form petition specifically sought a waiver on that basis in light of her parents’ abandonment of her. See In re Doe, 943 So. 2d 806, 806 (Fla. 4th DCA 2006) (reversing for failure to “issue written and specific factual findings and legal conclusions” in support of denial of petition). Plus, on this record, what possible legal justification can there be to force the minor to bear…

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