B.L., THE FATHER, APPELLANT,
v.
DEPARTMENT OF CHILDREN & FAMILIES, APPELLEE
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The father appeals from the circuit court’s order finding that he contributed to the dependency of his two children based on two alleged domestic violence incidents towards the mother on December 24, 2013, and April 8, 2014. The father argues that the dependency adjudication against him was not supported by competent, substantial evidence of present or prospective abuse, primarily because the • evidence against him consisted entirely of hearsay without an applicable exception, that is, the mother’s statements as conveyed through the investigating officers. We agree with the father’s argument. See W.S. v. Dep’t of Children & Families, 41 So.3d 433, 434 (Fla. 1st DCA 2010) (“Where an adjudication of dependency is based entirely on inadmissible hearsay, or where the trial court relies heavily on inadmissible hearsay, it must be reversed.”). Thus, we reverse the dependency adjudication as to the father.
Reversed.
DAMOORGIAN, GERBER and CONNER, JJ., concur.
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Klemple v. Gagliano, 197 So. 3d 1283 (Fla. 4th DCA 2016)…ment with Gagli-ano’s wife, the cut cable, and the windows on the catwalk does not constitute competent, substantial evidence under either prong of the statute because it is based on hearsay and speculation. See B.L. v. Dep’t of Children & Families, 174 So. 3d 1125, 1126 (Fla. 4th DCA 2015) (finding dependency order was not based on competent, substantial evidence- because' the evidence consisted entirely of hearsay); Realauction.com, LLC v. Grant St. Grp., Inc., 82 So. 3d 1056, 1059 (Fla. 4th DCA 2011) (“Spec…
Authorities Cited
- W.S. v. Dep't of Child. & Families, 41 So. 3d 433 (Fla. 1st DCA 2010)