J.Y., ET AL
v.
DEPARTMENT OF CHILDREN AND FAMILIES
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The appellate court dismissed the appeal of J.Y.'s termination of parental rights because appellant failed to timely file a brief after counsel withdrew, following the procedure approved in N.S.H. v. Department of Children and Family Services.
The appeal is dismissed based on the approved procedure in N.S.H. v. Department of Children and Family Services, which allows dismissal when an appellant fails to timely file his or her own brief following counsel's withdrawal in termination of parental rights appeals.
“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”
Establishes the legal basis for dismissal of the appeal in this case
J.Y. appealed from a termination of parental rights judgment. After counsel withdrew from the case, J.Y. failed to timely file a brief in support of t…
The full statement of facts, procedural history, and disposition for this case are member content.
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FIRST DISTRICT COURT OF APPEAL STATE OF FLORIDA
No. 1D2023-3258
J.Y., Mother of R.S.C., III, K.H.Y. and L.Y., Minor Children,
Appellant,
v. DEPARTMENT OF CHILDREN AND FAMILIES,
Appellee.
On appeal from the Circuit Court for Suwannee County. Jennifer K. Griffin, Judge.
August 14, 2024
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).
LEWIS, B.L. THOMAS, and WINOKUR, JJ., concur. Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331.
J.Y., pro se, Appellant.
Carolyn Schwarz, Fort Lauderdale, for Appellee; Sara Elizabeth Goldfarb, Statewide Director of Appeals, and Laura J. Lee, Assistant Director of Appeals, Statewide Guardian ad Litem Office, Tallahassee, for Guardian ad Litem.
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