AUTONATION, INC., APPELLANT,
v.
VINCENT S. ARMIJO, APPELLEE
AUTONATION, INC., APPELLANT,
VINCENT S. ARMIJO, APPELLEE
944 So. 2d 553
Florida District Court of Appeal, Fourth District (2007)
Positive Treatment
Cited by 16 cases
Opinion of the Court
PER CURIAM.
Vincent S. Armijo filed a confession of error with this Court. In the confession of error, Armijo stipulates that the trial court applied an incorrect legal standard concerning the construction of covenants not to compete in entering the order which Autonation, Inc. appeals in this case. As such, Armijo agrees with Autonation that this case on appeal should be reversed and remanded for further proceedings consistent with this opinion. We accept this proper confession of error and reverse.
Reversed and Remanded.
GUNTHER, STONE and TAYLOR, JJ., concur.
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In the Interest of G.C. v. Dep't of Child. & Fam. Servs. & Guardian Ad Litem Program, 6 So. 3d 643 (Fla. 2d DCA 2009)…1205-06 (Fla. 3d DCA 2007) (explaining that there must be a nexus between the parent’s past conduct and future harm to the child before the court can terminate the parent’s rights under section 39.806(l)(c) based on prospective harm); S.S. v. D.L., 944 So. 2d 553, 559 (Fla. 4th DCA 2007) (“[Tjhere must be a further nexus between the past conduct and future behavior.”). Here, the children were not adjudicated dependent based on the alleged domestic violence or on the Mother’s self-reported mental health issu…
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J.C. v. Dep't of Child. & Families, 959 So. 2d 431 (Fla. 4th DCA 2007)…t of Children & Families, 872 So. 2d 412, 413 (Fla. 4th DCA 2004). However, despite this error, the termination of J.C.’s parental rights itself is affirmed, because two other grounds supporting termination were established by DCF. See S.S. v. D.L., 944 So. 2d 553, 557 (Fla. 4th DCA 2007)(ex-plaining that DCF must “present clear and convincing evidence of a statutory ground for terminating and clear and convincing evidence that terminating parental rights is in the best interests of the child”)(emphasis added…
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L.W. v. Dep't of Child. & Families, 71 So. 3d 221 (Fla. 4th DCA 2011)…. Instead, this test requires that ‘those measures short of termination should be utilized if such measures can permit the safe reestablishment of the parent-child bond.’ ” A.J. v. K.A.O., 951 So. 2d 30, 33 (Fla. 5th DCA 2007) (quoting S.S. v. D.L., 944 So. 2d 553, 558 (Fla. 4th DCA 2007)) (citation omitted). Here, both the child and her therapist testified concerning the lack of any bond between the child and her mother. The therapist opined that the child’s placement with the paternal grandparents was in t…
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