B.L., FATHER OF D.D.H., A.M.H., C.L.H., R.S.H., W.J.H., MINOR CHILDREN
v.
FLORIDA DEPARTMENT OF CHILDREN AND FAMILIES

Fla. 1st DCA | 2024-01-16
No. 2023-1958
2024 FL 426 Florida District Court of Appeal, First District (2024)

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Holding

When appointed counsel withdraws in a parental rights termination appeal, the appellant must timely file his or her own brief or face dismissal of the appeal.


Headnotes

[1] In an appeal challenging termination of parental rights, failure to file a timely brief after appointed counsel withdraws subjects the appeal to dismissal.

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Key Quotes

“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”

Court's citation and application of N.S.H. v. Dep't of Child. & Fam. Servs., 843 So. 2d 898 (Fla. 2003)

Facts & Procedural History

B.L. appealed a circuit court's termination of his parental rights regarding his five minor children. After his counsel withdrew from representation, …

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Opinion of the Court

January 16, 2024 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). ROWE, M.K. THOMAS, and TANENBAUM, JJ., concur.

_____________________________ Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331.


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