C. S.
v.
DEPARTMENT OF CHILDREN AND FAMILIES AND GUARDIAN AD LITEM
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C.S. appealed the termination of her parental rights by a circuit court at the petition of the Department of Children and Families. The appellate court affirmed the termination, finding that the mother's appeal was insufficiently briefed and her issues were waived.
The appellate court affirmed the termination, holding that the mother's issues were insufficiently briefed and therefore waived because her half-page brief failed to apprise the court of material facts or points of law involved.
[1] An appellate court presumes the correctness of a trial court's decision, placing the burden on the appellant to demonstrate error.
[2] An appellant has a duty to brief a case by presenting material facts, points of law, and legal arguments to the court.
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Join FLexlaw to unlock all legal intelligence“In appellate proceedings the decision of a trial court has the presumption of correctness and the burden is on the appellant to demonstrate error.”
Establishes the standard of review and burden on the appealing party
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Join FLexlaw to unlock all legal intelligenceC.S., the mother of S.S., B.M.I., R.L.I., and R.MC., III, had her parental rights terminated by the circuit court following a petition by the Departme…
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PER CURIAM.
C.S., the Mother, appeals the termination of her parental rights on petition from the Department of Children and Families. We affirm.
"In appellate proceedings the decision of a trial court has the presumption of correctness and the burden is on the appellant to demonstrate error." Applegate v. Barnett Bank of Tallahassee, 377 So. 2d 1150, 1152 (Fla. 1979); see In re N.F., 82 So. 3d 1188, 1191 (Fla. 2d DCA 2012). The appellant has a duty to brief a case so as to "acquaint the Court with the material facts, the points of law involved, and the legal arguments supporting the positions of the respective parties." B.T. v. Dep't of Child. & Fams., 300 So. 3d 1273, 1279 (Fla. 1st DCA 2020) (quoting Polyglycoat Corp. v. Hirsch Distribs., Inc., 442 So. 2d 958, 960 (Fla. 4th DCA 1983)). Because her half-page brief does not apprise the Court of the material facts or the points of law involved, the Mother's issues are insufficiently briefed and therefore waived. See Coolen v. State, 696 So. 2d 738, 742 n.2 (Fla. 1997) (holding that issues not fully briefed and argued are waived); Lynn v. City of Fort Lauderdale, 81 So. 2d 511, 513 (Fla. 1955) (“It is elementary that when a decree of the trial court is brought here on appeal the duty rests upon the appealing party to make error clearly appear.").
AFFIRMED.
STARGEL, GANNAM and KAMOUTSAS, JJ., concur. C.S., Lake Placid, pro se.
Meredith K. Hall, Appellate Counsel, of Children's Legal Services, Bradenton, for Appellee, Department of Children and Families.
Sara E. Goldfarb, Statewide Director of Appeals, and Laura J. Lee, Assistant Director of Appeals, of Statewide Guardian ad Litem Office, Tallahassee, for Appellee, Guardian ad Litem.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Polyglycoat Corp. v. Hirsch Distribs., Inc., 442 So. 2d 958 (Fla. 4th DCA 1983)
- Coolen v. State, 696 So. 2d 738 (Fla. 1997)
- Carraway v. Armour & Co. & the Fla. Indus. Comm'n, 156 So. 2d 494 (Fla. 1963)
- Lynn v. City OF Fort Lauderdale, 81 So. 2d 511 (Fla. 1955)