M.C., MOTHER OF W.C., N.P., M.P., K.F., MINOR CHILDREN
v.
DEPARTMENT OF CHILDREN AND FAMILIES

Fla. 1st DCA | 2024-10-17
No. 1D2024-0800
Judge Roland L. Belsome; Judge Daniel L. Dysart; Pro Tempore Judge Madeline Jasmine
2024 FL 12257 Florida District Court of Appeal, First District (2024)

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Synopsis

The Florida First District Court of Appeal dismissed an appeal from a termination of parental rights case where the appellant failed to timely file a brief in support of her appeal after her counsel withdrew. The dismissal follows the procedure established in N.S.H. v. Department of Children and Family Services.


Holding

The appeal is dismissed pursuant to the procedure approved in N.S.H. v. Department of Children and Family Services for dismissing appeals when appellants fail to timely file briefs in support of termination of parental rights cases after counsel withdraws.


Headnotes

[1] When appointed counsel withdraws from an appeal of a parental rights termination and the pro se appellant fails to timely file an appellate brief, the appeal may be dismi…

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Key Quotes

“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).”

Establishes the legal basis and procedure for dismissing the appeal when the appellant fails to file a timely brief after counsel withdrawal

Facts & Procedural History

M.C., the mother of minor children W.C., N.P., M.P., and K.F., appealed a circuit court decision concerning termination of parental rights. After her …

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Opinion of the Court

October 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). LEWIS, BILBREY, and WINOKUR, JJ., concur. _____________________________ Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331.

_____________________________ M.C., 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 Guardian ad Litem.


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