C.S., FATHER OF K.S., MINOR CHILD
v.
DEPARTMENT OF CHILDREN AND FAMILIES
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The Florida First District Court of Appeal dismissed C.S.'s appeal from a circuit court decision regarding his minor child as untimely filed under the Florida Rules of Appellate Procedure, directing him to pursue a petition for writ of habeas corpus in the circuit court if he seeks relief.
The appeal was dismissed as untimely filed. If C.S. wishes to seek relief despite the untimely filing, he must file a petition for writ of habeas corpus in the circuit court rather than pursue the appeal.
[1] An untimely appeal from a child welfare decision must be remedied by petition for writ of habeas corpus in the circuit court rather than appeal to the District Court of A…
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Join FLexlaw to unlock all legal intelligence“The Court dismisses the appeal as untimely filed. See Fla. R. App. P. 9.110(b).”
Establishes the basis for dismissal: the appeal did not comply with the filing deadline requirements.
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Join FLexlaw to unlock all legal intelligenceC.S., the father of K.S., a minor child, filed an appeal from a decision of the Circuit Court for Jackson County in a matter involving the Department …
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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.
_____________________________ Elizabeth M. Simpson, Marianna; Christopher Scott, 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.