V. W., FATHER OF N.L-I.W. A/K/A N.L.G., A MINOR CHILD
v.
DEPARTMENT OF CHILDREN AND FAMILIES
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The First District Court of Appeal dismissed an appeal from a termination of parental rights case because the appellant father failed to timely file his own brief after his counsel withdrew. The court applied the established procedure from N.S.H. v. Department of Children & Family Services approving dismissal under these circumstances.
The appeal is dismissed. When counsel withdraws after filing a notice of appeal in a termination of parental rights case, the appellant must timely file his or her own brief or the appeal will be dismissed.
[1] When appointed counsel withdraws from representing an appellant in a termination of parental rights appeal, the appellant must timely file his or her own brief in support…
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Join FLexlaw to unlock all legal intelligence“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 ruling and the legal basis for dismissal—the established procedure for handling appeals when counsel withdraws and the appellant fails to file a timely brief.
C.G., the father of minor child A.G., appealed a termination of parental rights decision from the Circuit Court for Bay County. After his counsel with…
The full statement of facts, procedural history, and disposition for this case are member content.
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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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