D.T., FATHER OF C.T., MINOR CHILD
v.
DEPARTMENT OF CHILDREN AND FAMILIES

Fla. 1st DCA | 2025-01-21
No. 1D2024-2004
2025 FL 521 Florida District Court of Appeal, First District (2025)

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Synopsis

D.T. appealed a termination of parental rights decision from the circuit court but failed to timely file his own appellate brief after his counsel withdrew. The First District Court of Appeal dismissed the appeal pursuant to established Florida procedure.


Holding

The appeal is dismissed. Florida law approves a procedure that requires dismissal of parental rights termination appeals when counsel withdraws and the appellant fails to timely file his or her own brief.


Headnotes

[1] An appeal of termination of parental rights may be dismissed under the procedure approved in N.S.H. …

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Key Quotes

“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).”

This quote establishes both the judgment (dismissal) and the legal standard that permits dismissal under the cited precedent when counsel withdraws and the appellant fails to file a timely brief.

Facts & Procedural History

D.T. was the father of minor child C.T. The circuit court entered a decision regarding termination of parental rights. D.T.'s counsel withdrew from th…

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Opinion of the Court

January 21, 2025 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, RAY, and KELSEY, JJ., concur. _____________________________ Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331.

_____________________________ D.T., pro se, 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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