J.L., ETC.
v.
DEPARTMENT OF CHILDREN AND FAMILIES

Fla. 1st DCA | 2024-11-15
No. 1D2024-2573
2024 FL 13074 Florida District Court of Appeal, First District (2024)

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Synopsis

The Florida First District Court of Appeal dismissed J.L.'s appeal from a Circuit Court decision regarding the Department of Children and Families, finding the appeal was untimely filed. The court directed the appellant to seek relief through a petition for writ of habeas corpus in the circuit court.


Holding

The Court dismissed the appeal as untimely filed under Fla. R. App. P. 9.110(b). To seek relief, the Appellant must file a petition for writ of habeas corpus in the circuit court.


Headnotes

[1] An untimely appeal from a custody or dependency matter must be dismissed, and relief must be sought through a petition for writ of habeas corpus in the circuit court.

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Key Quotes

“The Court dismisses the appeal as untimely filed.”

The court's holding on the primary issue

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Facts & Procedural History

J.L., the mother of K.B.S., a minor child, appealed a decision from the Circuit Court for Jackson County presided over by Judge Ana M. Garcia.…

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Opinion of the Court

November 15, 2024 PER CURIAM.

The Court dismisses the appeal as untimely filed. See Fla. R. App. P. 9.110(b). To seek belated appeal, Appellant must file a petition for writ of habeas corpus in the circuit court. See In re E.H., 609 So. 2d 1289 (Fla. 1992). 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.

_____________________________ Charles H. Williams, Lynn Haven, for Appellant. Sarah J. Rumph, Children’s Legal Services, Tallahassee, for Appellee; Sara Elizabeth Goldfarb, Statewide Director of Appeals, and Mercy Almaguer, Senior Attorney, Statewide Guardian ad Litem Office, Tallahassee, for Statewide Guardian ad Litem.


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