J.B., MOTHER OF B.P., M.P., AND K.E., MINOR CHILDREN
v.
DEPARTMENT OF CHILDREN AND FAMILIES

Fla. 1st DCA | 2018-11-08
No. 18-1570
256 So. 3d 135 Florida District Court of Appeal, First District (2018)

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Synopsis

The court dismissed an appeal of a termination of parental rights because the appellant, after his counsel withdrew, failed to timely file his own brief in support of the appeal, pursuant to the procedure approved in N.S.H. v. Department of Children & Family Services.


Holding

The appeal is dismissed. The court approved the procedure that includes dismissal when, after counsel withdraws, the appellant fails to timely file his or her own brief in support of an appeal of termination of parental rights.


Headnotes

[1] An appeal of termination of parental rights is subject to dismissal under Florida Appellate Procedure Rule when appointed counsel withdraws and the appellant fails to tim…

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Key Quotes

“DISMISSED. N.S.H. v. Dep't of Child. & Fam. Servs., 843 So. 2d 898 (Fla. 2003) (approving procedure that includes dismissal when, after counsel withdraws, the appellant fails to timely file his or her own brief in support of appeal of termination of parental rights).”

The court's holding and basis for dismissal, citing the controlling Florida Supreme Court precedent.

Facts & Procedural History

C.G., the father of minor child A.G., appealed a termination of parental rights decision from the Circuit Court for Bay County. After counsel withdrew…

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Opinion of the Court

PER CURIAM.

DISMISSED. N.S.H. v. Dep’t of Child. & Fam. Servs., 843 So. 2d 898 (Fla. 2003) (approving procedure that includes dismissal when, after counsel withdraws, the appellant fails to timely file his or her own brief in support of appeal of termination of parental rights).

B.L THOMAS, WINOKUR, and TANENBAUM, JJ., concur. _____________________________

Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331. _____________________________

C.G., pro se, Appellant.

Sarah J. Rumph, Children’s Legal Services, Tallahassee, for Appellee; Sara Elizabeth Goldfarb, Statewide Director of Appeals, and Amanda Victoria Glass, Senior Attorney, Statewide Guardian ad Litem Office, Tallahassee, for Statewide Guardian ad Litem.

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