J.F.S., NATURAL FATHER OF H.S. AND H.S., APPELLANT,
v.
DEPARTMENT OF CHILDREN AND FAMILIES, APPELLEE
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J.F.S. appeals the termination of his parental rights. Because he failed to move for a judgment of dismissal after the presentation of the State’s evidence, or at any other time during the termination hearing, we affirm. K.J. ex rel. A.J. v. Dep’t of Children & Families, 33 So.3d 88, 89 (Fla. 1st DCA 2010); J.D. v. Dep’t of Children & Families, 825 So.2d 447 (Fla. 1st DCA 2002). We recognize, as we did in K.J., that our holding requiring preservation of an evidentiary sufficiency issue under Florida Rule of Juvenile Procedure *7858.525(h) conflicts with decision of the Fourth and Fifth District Courts of Appeal in R.P. v. Dep’t of Children & Families, 49 So.3d 339 (Fla. 5th DCA 2010) and H.D. v. Dep’t of Children & Families, 964 So.2d 818 (Fla. 4th DCA 2007). We certify conflict with these decisions.
AFFIRMED.
CLARK, WETHERELL, and MAKAR, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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O. T. v. Fla. Dep't of Child. & Families, 116 So. 3d 1290 (Fla. 1st DCA 2013)…serve any issues for appeal of the order terminating his parental rights, because he did not move for a judgment of dismissal below, either at the close of the Department’s case or at the close of his own. See J.F.S. v. Dep’t of Children & Families, 100 So. 3d 784 (Fla. 1st DCA 2012); J.M. v. Florida Dep’t of Children & Families, 38 So. 3d 236 (Fla. 1st DCA 2010); K.J. v. Dep’t of Children & Families, 33 So. 3d 88 (Fla. 1st DCA 2010); J.D. v. Dep’t of Children & Families, 825 So. 2d 447 (Fla. 1st DCA 2002).…
Authorities Cited
- K.J. v. Dep't of Child. & Families, 33 So. 3d 88 (Fla. 1st DCA 2010)
- H.D. v. Dep't OF Child. & Families & Guardian Ad Litem Program, 964 So. 2d 818 (Fla. 4th DCA 2007)
- J.D. v. The Dep't OF Child. & Families, 825 So. 2d 447 (Fla. 1st DCA 2002)
- Blice v. State, 825 So. 2d 447 (Fla. 5th DCA 2002)
- R.P. v. Dep't of Child. & Families, 49 So. 3d 339 (Fla. 5th DCA 2010)