DEPARTMENT OF CHILDREN AND FAMILIES, APPELLANT,
v.
A.C. AND J.B., SR., PARENTS OF S.B., ETC., APPELLEE

Fla. 5th DCA | 2006-12-08
No. 5D06-1846
PLEUS, C.J., LAWSON and EVANDER, JJ., concur.
943 So. 2d 974 Florida District Court of Appeal, Fifth District (2006)


Opinion of the Court
PER CURIAM.

PER CURIAM.

The Department of Children and Family Services appeals from an order denying its petition to terminate appellees’ parental rights. The record reflects that DCF presented substantial evidence which, if fully accepted by the trial judge, would clearly have supported the granting of its petition. However, it is the role of the fact-finder to resolve conflicts in the evidence and to weigh the credibility of witnesses. AD. v. Dep’t of Children & Families, 837 So. 2d 1078, 1080 (Fla. 5th DCA 2003). An appellate court cannot question the trial court’s assessment of the witness’ credibility nor substitute its judgment for the trier of fact. Declet v. Dep’t of Children and Families, 776 So. 2d 1000, 1001 (Fla. 5th DCA 2001).

AFFIRMED.

PLEUS, C.J., LAWSON and EVANDER, JJ., concur.


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