O. T., FATHER OF R. T., O.T. AND S. T., MINOR CHILDREN, APPELLANT,
v.
FLORIDA DEPARTMENT OF CHILDREN AND FAMILIES, APPELLEE
Explore caselaw by topic → Browse Motion For Judgment Of Dismissal cases and more on FLexlaw
The Appellant did not preserve 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).
Because the Fourth and Fifth District Courts of Appeal disagree that a parent must preserve issues for appellate review via motion for judgment of dismissal, we certify conflict with 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), review dismissed, 985 So.2d 1059 (Fla.2008).
AFFIRMED.
PADOVANO, MARSTILLER, and MAKAR, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
P.R. v. Dep't of Child. & Families (Fla. 1st DCA 2022)…tion to dismiss is necessary to preserve for appellate review claims related to the sufficiency of evidence adduced at trial, and the failure to make such a motion constrains this Court to affirm the trial court. See O.T. v. Dep’t of Child. & Fams., 116 So. 3d 1290, 1290 (Fla. 1st DCA 2013) (affirming the termination of the father’s parental rights because he did not preserve any issues by moving for a judgment of dismissal at either the close of DCF’s case or at the close of his own); K.J. ex rel. A.J. v. De…
Authorities Cited
- Fla. Dep't OF Child. & Families v. H.D., 985 So. 2d 1059 (Fla. 2008)
- K.J. v. Dep't of Child. & Families, 33 So. 3d 88 (Fla. 1st DCA 2010)
- Spann v. State, 985 So. 2d 1059 (Fla. 2008)
- 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)
- S. Fid. Ins. Co. v. Gallardo, 38 So. 3d 236 (Fla. 3d DCA 2010)
- J.F.S. v. Dep't of Child. & Families, 100 So. 3d 784 (Fla. 1st DCA 2012)