RANDI WILSON
v.
DEPARTMENT OF CHILDREN AND FAMILIES
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An appellant who fails to present sufficient arguments for reversal, including arguments about matters in which she lacks standing, waives review and the appellate court must affirm the trial court's order.
[1] An appellant who was not a party to a prior termination of parental rights proceeding and was not the parent or legal guardian of the children involved lacks standing to…
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Join FLexlaw to unlock all legal intelligence“Claims for which an appellant has not presented any argument, or for which he provides only conclusory argument, are insufficiently presented for review and are waived.”
Court citing Hammond v. State regarding waiver of insufficiently presented claims
Randi Wilson appealed a trial court's final order dismissing her petition for adoption as moot. Wilson sought to adopt two minor children whose parent…
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IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA
FIFTH DISTRICT
NOT FINAL UNTIL TIME EXPIRES TO
FILE MOTION FOR REHEARING AND
DISPOSITION THEREOF IF FILED
RANDI WILSON,
Appellant,
v. Case No. 5D20-1863
DEPARTMENT OF CHILDREN AND FAMILIES,
Appellee. ________________________________/
Opinion filed August 13, 2021
Appeal from the Circuit Court for Volusia County, Linda L. Gaustad, Judge.
Randi Wilson, Fort Myers, pro se.
Ward L. Metzger, of Department of Children and Families, Jacksonville, for Appellee.
PER CURIAM.
Randi Wilson appeals the trial court’s final order, entered sua sponte, dismissing her petition for adoption as moot. The court did not explain in its order why Wilson’s petition was moot; and, from our record, it is unclear how the trial court reached this conclusion. Nevertheless, as we explain, Wilson
2 has failed to make a sufficient argument here for reversal of this final order. See Hammond v. State, 34 So. 3d 58, 59 (Fla. 4th DCA 2010) (“Claims for which an appellant has not presented any argument, or for which he provides only conclusory argument, are insufficiently presented for review and are waived.” (citing Doorbal v. State, 983 So. 2d 464, 482–83 (Fla. 2008); Shere v. State, 742 So. 2d 215, 217 n.6 (Fla. 1999))). Wilson’s initial brief is almost entirely devoted to arguing what she contends were various errors allegedly committed in the earlier termination of parental rights proceeding involving the two minor children that she later sought to adopt below. Her arguments are misplaced. First, Wilson was neither the parent nor legal guardian of these two children and was not a party to that litigation. Thus, to the extent her arguments regarding the termination of parental rights proceeding would somehow be germane to the instant adoption proceeding, Wilson lacks standing to raise these arguments. See C.K. v. Dep’t of Child. & Fams., 65 So. 3d 1179, 1180 (Fla. 5th DCA 2011) (holding that the mother did not have standing to raise an issue personal to the father, who did not appeal the termination of parental rights final judgment). Second, the final judgment that was entered terminating the parental rights of the mother and father of these minor children was appealed by the mother and was affirmed by this court without opinion. See L.W. v.
Accordingly, we are compelled to affirm the final order of dismissal.
AFFIRMED.
LAMBERT, C.J., EVANDER and HARRIS, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Shere v. State, 742 So. 2d 215 (Fla. 1999)
- Doorbal v. State, 983 So. 2d 464 (Fla. 2008)
- Hammond v. State, 34 So. 3d 58 (Fla. 4th DCA 2010)
- Williams v. Skylink Jets, Inc., 229 So. 3d 1275 (Fla. 4th DCA 2017)
- C.K. v. Dep't of Child. & Families, 65 So. 3d 1179 (Fla. 5th DCA 2011)
- A.S. v. Dep't of Child. & Families, 274 So. 3d 392 (Fla. 5th DCA 2019)