IN THE INTEREST OF A.M., A CHILD. A.M., APPELLANT,
v.
DEPARTMENT OF CHILDREN AND FAMILY SERVICES, APPELLEE
IN THE INTEREST OF A.M., A CHILD. A.M., APPELLANT,
DEPARTMENT OF CHILDREN AND FAMILY SERVICES, APPELLEE
8 So. 3d 1289
Florida District Court of Appeal, Second District (2009)
Positive Treatment
Cited by 2 cases
Opinion of the Court
A.M., the Father, challenges the trial court’s order adjudicating his four-month-old child, A.M., dependent. The Department correctly concedes error because the only evidence presented below to support an adjudication of dependency as to the Father was inadmissible hearsay. As such, the evidence presented below was insufficient, and we must reverse. See R.S. v. Dep’t of Children & Families, 881 So.2d 1130, 1132 (Fla. 4th DCA 2004) (“[Rjeversal is required where the evidence is legally insufficient to sustain the findings of the trial court.”).
Reversed.
FULMER and SILBERMAN, JJ., Concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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D.S. v. Dep't of Child. & Families, 42 So. 3d 865 (Fla. 1st DCA 2010)…ram properly concede error. The trial court’s order incor [*867] rectly relied upon inadmissible hearsay evidence. See e.g., R.K. v. Dep’t of Children & Family Servs., 38 So. 3d 859, 860 (Fla. 2d DCA 2010); A.M. v. Dep’t of Children & Family Servs., 8 So. 3d 1289, 1289 (Fla. 2d DCA 2009); M.S. v. Dep’t of Children & Families, 6 So. 3d 102, 103 (Fla. 4th DCA 2009). After a review of the record, we conclude this error was not harmless. See M.S., 6 So. 3d at 105. Accordingly, we reverse and remand for the trial…
Authorities Cited
- R.S. v. Dep't of Child. & Families, 881 So. 2d 1130 (Fla. 4th DCA 2004)