S.H., MOTHER OF C.H. AND J.H., CHILDREN, APPELLANT,
v.
DEPARTMENT OF CHILDREN AND FAMILIES, ET AL., APPELLEE
LAWSON, J.
S.H. attempts to appeal from a dependency order directing the Department of Children and Families to temporarily place her two minor children in the custody of their biological father. This non-final order is not appealable under Florida Rule of Appellate Procedure 9.130(a)(3). See Dep’t of Health & Rehab. Sews. v. Honeycutt, 609 So. 2d 596 (Fla.1992); In Re B.A.B., 726 So. 2d 402 (Fla. 2d DCA 1999); Interest of K.D. & C.M., 679 So. 2d 39 (Fla. 2d DCA 1996). However, we can review the order by writ of certiorari. See Fla. R.App. P. 9.040(c). Finding no departure from the essential requirements of the law, we deny the petition.
PETITION DENIED.
GRIFFIN and ORFINGER, JJ., concur.
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A.P. and V.H. v. Dep't of Child. & Families, 957 So. 2d 686 (Fla. 5th DCA 2007)…for writ of certiorari pursuant to Florida Rule of Appellate Procedure 9.040(c). See also In Interest of M.A., 609 So. 2d 597 (Fla.1992); Dep’t of Health & Rehab. Servs. v. Honeycutt, 609 So. 2d 596 (Fla.1992); S.H. v. Dep’t of Children & Families, 950 So. 2d 1267 (Fla. 5th DCA 2007). Because notice of the evidentiary hearing that led to the order was both ineffective and defective, and thus departed from the essential requirements of law, we grant the writ. It is unnecessary to develop in detail the backgro…
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Owens v. State, 1 So. 3d 405 (Fla. 2d DCA 2009)
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Fidensio Gallegos v. State, 63 So. 3d 20 (Fla. 2d DCA 2011)…he order is deemed a nullity and must be stricken.” Miran v. State, 46 So. 3d 186, 188 (Fla. 2d DCA 2010); see also Mapp v. State, 18 So. 3d 33, 37 (Fla. 2d DCA 2009) (striking an out-of-time order granting a rule 3.800(b) motion); Jackson v. State, 950 So. 2d 1267, 1267 (Fla. 2d DCA 2007) (holding that an order rendered more than sixty days after the filing of a rule 3.800(b)(2) motion was a nullity). Therefore, while we affirm the judgments and sentences, we must remand to the trial court to strike the Janua…
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Dep't of Health & Rehabilitative Servs. v. Honeycutt, 609 So. 2d 596 (Fla. 1992)
- IN the Interest OF K.D. and C.M. v. State, 679 So. 2d 39 (Fla. 2d DCA 1996)
- In the Interest of B.A.B. and K.N.B. C.W. v. State of Fla. Dep't of Child. & Families, 726 So. 2d 402 (Fla. 2d DCA 1999)