ISAAC J. MARTIN, APPELLANT,

v.

STATE OF FLORIDA, APPELLEE

Citator

Cited By

• In re Petition of Jane DOE for a Judicial Waiver of Parental Notice of Termination of Pregnancy. Jane Doe, 153 So. 3d 925 (Fla. 2d DCA 2014)
  …cial waiver must prove, by clear and convincing evidence, that she is mature enough to decide whether to terminate her pregnancy and that termination is in her best interest. See id.; In re Doe, 67 So. 3d 268, 268 (Fla. 2d DCA 2011); In re Doe 13-A, 136 So. 3d 723 (Fla. 1st DCA 2014) (Makar, J., dissenting). The minor need not possess the same maturity as an adult, but she must demonstrate that she is sufficiently mature to make this important decision. See In re Doe, 113 So. 3d 882, 882 (Fla. 2d DCA 2012); s…
• In re Jane DOE 16-A, 204 So. 3d 175 (Fla. 1st DCA 2016)
  …n is not in the best interests of the petitioner.” § 390.01114(4)(d), Fla. Stat. (2016). The minor bears the burden of persuasion and, absent a judicial finding in her favor, the circuit court is required to dismiss the petition. See In re Doe 13-A, 136 So. 3d 723, 734 (Fla. 1st DCA 2014) (Makar, J., dissenting). After reviewing the appellant’s petition and holding a hearing, the circuit court denied the appellant’s request for judicial waiver and dismissed the petition. The circuit court’s order discussed a…

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• In re Jane Doe 22-A v. . (Fla. 1st DCA 2022)
  …ented,” thereby upholding the trial court’s erroneous order on the merits. As I’ve previously written, a trial court is entitled to extraordinary deference under the statutory appellate standard in these judicial waiver proceedings. In re Doe 13-A, 136 So. 3d 723, 748 (Fla. 1st DCA 2014) (Makar, J., dissenting) (“[T]he question is only whether a reasonable judge could have reached the conclusion of this trial judge based on the non-adversarial appellate record presented under the über-deferential standard of…

Authorities Cited

• Cole v. State, 905 So. 2d 905 (Fla. 1st DCA 2005)
• Davis v. State, 905 So. 2d 905 (Fla. 3d DCA 2005)