IN RE ADOPTION OF A. M. L., A MINOR
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The court held that the foster parents should be given an opportunity to perfect the record to allow for a proper review of their adoption petition.
Foster parents petitioned to adopt a child in their care, with consent from the mother and her husband, but the natural father contested. The trial co…
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MANN, Chief Judge.
This is an appeal from a brief order denying, without ascription of reason, the petition of foster parents to adopt a small child who has been in their care since she was two months old. The child’s mother was married at the time of the birth and both the mother and her husband have consented to the adoption. A man who is said to be the natural father of the child contested the adoption. The record before us is scant, but reveals a report of the Division of Family Services which recommends the adoption and reports to the circuit court that the adopting parents are fit persons to adopt this child.
This is among those cases in which the easy way out for an appellate court is to affirm for failure of the appellant to bring an adequate record, but we are mindful of the paramount interest in the welfare of the child as well as the presumption of correctness which attends the trial judge’s order. Recently, in Gregory v. Gregory, Fla.App.2d 1974, 289 So. 2d 468, this court, . speaking through Circuit Judge Alan R. Schwartz, declined to pursue the easy course. There we allowed the appellant an opportunity to perfect the record pursuant to Rule 3.6(f) F.A.R. We follow the same procedure here. If it is necessary to reconstruct the record, provision is made by Rule 3.6(f) F.A.R. of a means whereby the appellant may do so. See Travelers Insurance Co. v. Agricultural Delivery Service, Inc., Fla.App.2d 1972, 262 So. 2d 210; Agricultural Delivery Service, Inc. v. Travelers Insurance Co., Fla.App.2d 1972, 269 So. 2d 429.
In the interest of this child’s welfare, we allow the appellant 30 days within which to furnish an adequate record. If the record of proceedings in the trial court must be reconstructed, additional time will be al lowed upon motion addressed to the trial court.
Ordered accordingly.
GRIMES, J., and NANCE, L. CLAYTON, Associate Judge, concur.
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Milisav Kutlesic v. Guardianship OF Katia Kutlesic, 566 So. 2d 524 (Fla. 3d DCA 1990)…sed. If action of the trial court is needed within the thirty days to approve and settle a statement of the proceedings, jurisdiction is relinquished for that purpose. See Jones v. Jones, 359 So. 2d 579 (Fla. 1st DCA 1978); In re Adoption of A.M.L., 297 So. 2d 840 (Fla. 2d DCA 1974).…
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Hill v. Hill, 778 So. 2d 967 (Fla. 2001)…Second District subsequently held that although appellate courts are permitted to affirm for failure to provide an adequate record, when dealing with children, the “paramount interest” should be the “welfare of the child.” In re Adoption of A.M.L., 297 So. 2d 840, 840 (Fla. 2d DCA 1974). Thus, although there is not express and direct conflict between the four corners of the decision in Hill and the decisions in Gregory and A.M.L., there is an express conflict in the philosophies of the First District in Hil…1 / 2
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The Miami Herald Publ'g Co. v. Payne, 345 So. 2d 730 (Fla. 3d DCA 1977)…as may be provided following motion to this court, whether the appellant-husband did or did not make such a concession before the trial judge. In the connection see: Gregory v. Gregory, 289 So. 2d 468 (Fla. 2nd D.C.A.1974); In re Adoption of A.M.L., 297 So. 2d 840 (Fla. 2nd D.C.A.1974).” ****** Thereafter, the trial judge has filed a certified response which reads, in part, as follows: ****** “* * * it is the finding of this Court that the respondent-husband never agreed nor objected to the Court’s sugges…
Previewing 3 of 4 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- The Travelers Ins. Co. v. Agric. Delivery Serv., 262 So. 2d 210 (Fla. 2d DCA 1972)
- Gregory v. Gregory, 289 So. 2d 468 (Fla. 2d DCA 1974)
- Agric. Delivery Serv., Inc. v. The Travelers Ins. Co., 269 So. 2d 429 (Fla. 2d DCA 1972)