J.J., ETC.
v.
DEPARTMENT OF CHILDREN AND FAMILIES
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
The First District Court of Appeal dismissed an appeal of a termination of parental rights where the appellant failed to file his own brief after his counsel withdrew. The court cited N.S.H. v. Department of Children and Family Services for the proposition that appellate dismissal is an appropriate procedure when an appellant does not timely file a brief following counsel's withdrawal in parental rights cases.
The appeal is dismissed. An appellant's failure to file a timely brief after counsel withdraws, in the context of a termination of parental rights appeal, constitutes grounds for dismissal of the appeal.
[1] When an appellant's counsel withdraws in an appeal of termination of parental rights, failure by the pro se appellant to timely file a brief in support of the appeal cons…
Previewing 1 of 1 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“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 sole basis for dismissal, citing established Florida precedent that dismissal is the appropriate remedy for failure to file a brief after counsel withdrawal in parental rights cases.
J.J., the father of minor child A.F., appealed a termination of parental rights decision from the Circuit Court for Walton County. Following the withd…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Termination Of Parental Rights Appeals cases and more on FLexlaw
September 17, 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). B.L. THOMAS, WINOKUR, and NORDBY, JJ., concur. _____________________________ Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331.
_____________________________ J.J., pro se, Appellant. Sarah J. Rumph, Children’s Legal Services, Tallahassee, for Appellee; Sara Elizabeth Goldfarb, Statewide Director of Appeals, and Caitlin E. Burke, Senior Attorney, Statewide Guardian ad Litem Office, Tallahassee, for Guardian ad Litem,