J.M.
v.
DEP'T OF CHILDREN & FAMILIES
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The First District Court of Appeal of Florida dismissed an appeal concerning the termination of parental rights because the appeal was not timely filed. The court found it lacked jurisdiction and allowed the appellant to seek relief in the trial court.
No, the appeal was not timely filed, and therefore, the appellate court lacked jurisdiction to review the Final Judgment.
[1] An appellate court lacks jurisdiction to review a final judgment terminating parental rights when the appeal is not invoked within the time prescribed by rule.
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Join FLexlaw to unlock all legal intelligence“the Court has determined that its jurisdiction to review the Final Judgment for Termination of Parental Rights, rendered on December 4, 2018, was not invoked in a timely fashion.”
Establishes the primary reason for the court's decision.
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Join FLexlaw to unlock all legal intelligenceThe appellant, J.M., sought to appeal a Final Judgment for Termination of Parental Rights rendered on December 4, 2018. The Department of Children and…
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FIRST DISTRICT COURT OF APPEAL
STATE OF FLORIDA _____________________________
No. 1D19-0510 _____________________________
J.M., Father of E.M. and K.M., Minor Children,
Appellant,
v. DEPARTMENT OF CHILDREN AND FAMILIES,
Appellee.
_____________________________
On appeal from the Circuit Court for Duval County. David Gooding, Judge.
March 20, 2019 PER CURIAM.
Upon consideration of Appellant’s response to the Court’s order of February 12, 2019, the Court has determined that its jurisdiction to review the Final Judgment for Termination of Parental Rights, rendered on December 4, 2018, was not invoked in a timely fashion. Accordingly, this appeal is dismissed for lack of jurisdiction. The dismissal is without prejudice to the Appellant’s right to seek relief in the trial court. In the Interest of E.H., 609 So. 2d 1289 (Fla. 1992).
ROBERTS, RAY, and JAY, JJ., concur.
2
_____________________________ Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331.
_____________________________
Michael A. Tupper of Tupper Law, P.A., Jacksonville, for Appellant. Ward L. Metzger, Appellate Counsel, Children’s Legal Services, Jacksonville, for Appellee.