J.D.L., MOTHER OF J.G.J. AND J.L.A.J., CHILDREN, APPELLANT,
v.
W.J.J., JR., FATHER OF J.G.J. AND J.L.A.J., ETC. APPELLEE
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J.D.L. appeals an order terminating her parental rights. J.D.L. was declared indigent and trial counsel was appointed to represent her below. As an indigent, J.D.L. is entitled to the preparation of a sufficiently complete record to permit proper appellate review. In this case, it is undisputed that no court reporter was present at the proceedings below and no adequate substitution for a transcript is available.
Florida Rule of Juvenile Procedure 8.255(g) requires that a record of proceedings of this nature be made. Accordingly, we are compelled to reverse the trial court’s order terminating parental rights and remand for a new trial. See M.T. v. Dep’t of Health & Rehabilitative Servs., 680 So.2d 1118 (Fla. 1st DCA 1996).
REVERSED and REMANDED.
ORFINGER, TORPY and JACOBUS, JJ. concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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W.T. v. K.F.Y., 59 So. 3d 1216 (Fla. 5th DCA 2011)…same result should apply in this case. Further, there is neither a transcript, nor an adequate substitute, memorializing the proceedings before the trial court as required by Florida Rule of Juvenile Procedure 8.255(g). See J.D.L. v. W.J.J., Jr., 54 So. 3d 603 (Fla. 5th DCA 2011). Accordingly, we reverse the final judgment and remand to the trial court to conduct a new hearing with the Appellant present, if he elects to exercise that right. See Fla. R.App. P. 9.315(b).1 REVERSED AND REMANDED WITH INSTR…
Authorities Cited
- M.T. v. Dep't of Health & Rehabilitative Servs., 680 So. 2d 1118 (Fla. 1st DCA 1996)