R.H., MOTHER OF R.B., L.B., H.B., MINOR CHILDREN
v.
DEPARTMENT OF CHILDREN AND FAMILIES
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Summary affirmance is appropriate under Florida Rule of Appellate Procedure 9.315(a) when an appellant's brief fails to present a preliminary basis for reversal.
[1] Under Florida Rule of Appellate Procedure 9.315(a), summary affirmance is appropriate when an appellant's initial brief fails to present a preliminary basis for reversal,…
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Join FLexlaw to unlock all legal intelligence“Under rule 9.315(a), summary affirmance is appropriate where the initial brief fails to present a 'preliminary basis for reversal,' regardless of the good-faith intentions of the filing party.”
Court's explanation of the standard for summary affirmance
The mother appealed a final judgment terminating her parental rights to three minor children. After appointed appellate counsel withdrew, the mother p…
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FIRST DISTRICT COURT OF APPEAL
STATE OF FLORIDA
_____________________________
No. 1D2024-0386 _____________________________
R.H., Mother of R.B., L.B., H.B., Minor Children,
Appellant,
v.
DEPARTMENT OF CHILDREN AND
FAMILIES,
Appellee. _____________________________
On appeal from the Circuit Court for Escambia County. David J. Oberliesen, Judge.
June 11, 2025
PER CURIAM.
This is an appeal of the final judgment of termination of the Appellant mother’s parental rights to three children. Upon appointed appellate counsel’s motion to withdraw under rule 9.146(g)(4)(B), Florida Rules of Appellate Procedure, we granted the motion and ordered that the mother would thereafter appear in proper person. See N.S.H. v. Dep’t of Child. and Fam. Servs., 843 So. 2d 898 (Fla. 2003). The mother was provided the record and copies of the rules of appellate procedure governing appeal proceedings in termination of parental rights cases, requirements for appellate briefs, and requirements for filing and service.
2 The mother’s brief contains no legal argument why the circuit court erred. The final judgment of termination of the mother’s parental rights is therefore summarily affirmed under rule 9.315(a), Florida Rules of Appellate Procedure. See Spencer v. Fla. Power Light/Broadspire, 141 So. 3d 203, 204 (Fla. 1st DCA 2013) (“Under rule 9.315(a), summary affirmance is appropriate where the initial brief fails to present a ‘preliminary basis for reversal,’ regardless of the good-faith intentions of the filing party.”).
AFFIRMED.
BILBREY, KELSEY, and NORDBY, JJ., concur.
_____________________________
Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331. _____________________________
R.H., pro se, Appellant.
Sarah J. Rumph, Appellate Counsel, Children’s Legal Services, Tallahassee; Sara Elizabeth Goldfarb, Statewide Director of Appeals, and Caitlin E. Burke, Senior Attorney, Appellate Division, Statewide Guardian ad Litem Office, Tallahassee; Jamie Billotte Moses of MMPO Defense, Pro Bono, Defending Best Interests Project, Guardian ad Litem, Orlando.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- N.S.H. v. Fla. Dep't of Child. & Fam. Servs., 843 So. 2d 898 (Fla. 2003)
- Martina Spencer v. Florida Power Light/Broadspire, 141 So. 3d 203 (Fla. 1st DCA 2013)