S.G., MOTHER OF E.S.
v.
DEPARTMENT OF CHILDREN AND FAMILIES

Fla. 1st DCA | 2024-12-18
No. 2024-1708
2024 FL 14035 Florida District Court of Appeal, First District (2024)

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Synopsis

The First District Court of Appeal dismissed S.G.'s appeal of a termination of parental rights judgment after her counsel withdrew and she failed to timely file her own brief in support of the appeal, applying the procedure approved in N.S.H. v. Department of Children & Family Services.


Holding

The appeal is dismissed under the procedure approved in N.S.H. v. Department of Children & Family Services, which permits dismissal when counsel withdraws and the appellant fails to timely file their own brief in a parental rights termination appeal.


Key Quotes

“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 citation to precedent establishing the standard for dismissal of parental rights termination appeals when counsel withdraws and appellant fails to file a timely brief.

Facts & Procedural History

S.G. is the mother of E.S., a minor child. The circuit court entered a judgment terminating parental rights in Suwannee County. S.G.'s counsel withdre…

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Per_curiam
Per Curiam

FIRST DISTRICT COURT OF APPEAL STATE OF FLORIDA

No. 1D2024-1708

S.G., Mother of E.S., a Minor Child,

Appellant,

v. DEPARTMENT OF CHILDREN AND FAMILIES,

Appellee.

On appeal from the Circuit Court for Suwannee County. Jamie L. Tyndal, Judge.

December 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).

ROWE, RAY, and WINOKUR, JJ., concur. Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331.

S.G., pro se, Appellant.

Carolyn Schwarz, Fort Lauderdale, for Appellee; Sara Elizabeth Goldfarb, Statewide Director of Appeals, and Mercy Almaguer, Senior Attorney, Statewide Guardian ad Litem Office, Tallahassee, for Guardian ad Litem.

2


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