M.M., FATHER OF M.M., MINOR CHILD
v.
DEPARTMENT OF CHILDREN AND FAMILIES
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A father appealed the termination of his parental rights in a dependency case. The appeal was dismissed because after his court-appointed counsel withdrew, the father failed to timely file his own brief in support of the appeal.
The appeal is dismissed. Under Florida law as established in N.S.H. v. Department of Children and Family Services, appellate courts may dismiss appeals in termination of parental rights cases when counsel withdraws and the appellant fails to timely file a brief in support of the appeal.
[1] In an appeal of a termination of parental rights, dismissal is an appropriate sanction when the appellant fails to timely file a brief after his counsel withdraws.
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Join FLexlaw to unlock all legal intelligence“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 legal standard authorizing dismissal of appeals in termination of parental rights cases when appellants fail to file timely briefs after counsel withdrawal.
M.M., a father of a minor child, had his parental rights terminated in the circuit court following a dependency action brought by the Department of Ch…
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January 24, 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). ROBERTS, 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.