W.G., THE FATHER
v.
DEPARTMENT OF CHILDREN AND FAMILIES

Fla. 3d DCA | 2023-04-19
No. 22-1732
Florida District Court of Appeal, Third District (2023)

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Holding

Appellate review of termination of parental rights decisions is highly deferential, and a trial court's finding supported by clear and convincing evidence will not be overturned unless clearly erroneous or lacking in evidentiary support.


Headnotes

[1] In termination of parental rights cases, appellate courts apply a highly deferential standard of review and will not overturn a trial court's findings supported by clear…

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Key Quotes

“Appellate review of a termination of parental rights case is 'highly deferential. . . . a finding that evidence is clear and convincing enjoys a presumption of correctness and will not be overturned on appeal unless clearly erroneous or lacking in evidentiary support.'”

Court's statement of the standard governing appellate review of parental rights termination decisions

Facts & Procedural History

W.G., the Father appealed the circuit court's termination of his parental rights in a dependency case in Miami-Dade County.…

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Opinion of the Court

PER CURIAM.

Affirmed. See Fla. Dep’t of Child. & Families v. A.R., 253 So. 3d 1158, 1164 (Fla. 3d DCA 2018) (“Appellate review of a termination of parental rights case is ‘highly deferential. . . . a finding that evidence is clear and convincing enjoys a presumption of correctness and will not be overturned on appeal unless clearly erroneous or lacking in evidentiary support.’” (quoting C.G. v. Dep’t of Child. & Families, 67 So. 3d 1141, 1143 (Fla. 3d DCA 2011))); J.E. v. Dep’t of Child. & Families, 126 So. 3d 424, 427 (Fla. 4th DCA 2013) (“While a trial court’s decision to terminate parental rights must be based on clear and convincing evidence, our review is limited to whether competent substantial evidence supports the trial court’s judgment.” (quoting J.G. v. Dep’t of Child. & Families, 22 So. 3d 774, 775 (Fla. 4th DCA 2009))).


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