D.D. ETC.
v.
DEPARTMENT OF CHILDREN AND FAMILIES
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D.D., the father of four minor children, appealed a termination of parental rights order from Santa Rosa County Circuit Court. The First District Court of Appeal dismissed the appeal after his counsel withdrew and he failed to timely file his own brief in support of the appeal.
The court held that dismissal of the appeal is appropriate under the procedure approved in N.S.H. v. Department of Children and Family Services when counsel withdraws and the appellant fails to timely file a supporting brief.
[1] When counsel withdraws from representation in a termination of parental rights appeal, the appellant must timely file his or her own brief, or the appeal may be dismissed…
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Join FLexlaw to unlock all legal intelligence“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 citation to N.S.H. establishes the legal standard for dismissal in termination of parental rights appeals when counsel withdraws and the appellant fails to file a timely supporting brief.
D.D. is the father of four minor children: O.L.E., I.A.E., D.C.D., and S.J.D. The Department of Children and Families sought termination of his parent…
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March 3, 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, ROWE, 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.D., 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.