H.H., ECT.
v.
DEPARTMENT OF CHILDREN AND FAMILIES

Fla. 1st DCA | 2024-11-08
No. 1D2024-1754
2024 FL 12779 Florida District Court of Appeal, First District (2024)

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Holding

An appeal of termination of parental rights may be dismissed when appointed counsel withdraws and the appellant fails to timely file her own brief in support of the appeal.


Headnotes

[1] An appeal of a termination of parental rights order may be dismissed when appointed counsel withdraws and the appellant subsequently fails to timely file a brief in suppo…

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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).”

The court's rationale for dismissing the appeal

Facts & Procedural History

H.H. appealed a trial court order terminating her parental rights. After her counsel withdrew, H.H. failed to file a timely brief in support of her ap…

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Opinion of the Court

November 8, 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). KELSEY, NORDBY, and LONG, 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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