J.Y., FATHER OF R.S., III, K.H.Y., L.Y., MINOR CHILDREN
v.
DEPARTMENT OF CHILDREN AND FAMILIES

Fla. 1st DCA | 2024-09-18
No. 2023-3134
2024 FL 11320 Florida District Court of Appeal, First District (2024)

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Synopsis

This is an appeal from a circuit court termination of parental rights order. The First District Court of Appeal dismissed the appeal because the appellant's counsel withdrew and the appellant failed to timely file his own brief in support of the appeal.


Holding

The appeal is dismissed because the appellant failed to timely file his own brief after counsel withdrew, applying the procedure approved in N.S.H. v. Department of Children and Family Services.


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).”

The court's holding and the legal authority for dismissing the appeal under the established procedure for failures to file briefs in parental termination appeals.

Facts & Procedural History

The appellant is the father of three minor children. The Department of Children and Families was involved in the case, which proceeded to termination …

The full statement of facts, procedural history, and disposition for this case are member content.

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Per_curiam
Per Curiam

FIRST DISTRICT COURT OF APPEAL STATE OF FLORIDA

No. 1D2023-3134

J.Y., Father of R.S., III, K.H.Y., 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.

September 18, 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, ROWE, and NORDBY, 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.

Sara Elizabeth Goldfarb, Statewide Director of Appeals, and Laura J. Lee, Assistant Director of Appeals, Children Legal Services, Tallahassee, for Appellee.

2


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