N.R., MOTHER OF D.R., A CHILD, PETITIONER,
v.
DEPARTMENT OF CHILDREN AND FAMILIES, RESPONDENT

Fla. 5th DCA | 2010-08-30
No. 5D10-804
SAWAYA, ORFINGER and COHEN, JJ., concur.
42 So. 3d 940 Florida District Court of Appeal, Fifth District (2010)

AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.


Holding

The court denied the petition for a writ of certiorari, finding the arguments without merit and the limited scope of review on certiorari insufficient to grant relief.


Facts & Procedural History

N.R. petitioned for a writ of certiorari to review a nonfinal order denying her motion for reunification with a dependent child. The Department of Chi…

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

Join FLexlaw to unlock all legal intelligence

© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.


Opinion of the Court
PER CURIAM.

PER CURIAM.

N.R. petitions for a writ of certiorari to review a nonfinal order denying her motion for reunification with D.R., a dependent child. We deny the writ.

N.R. argues that the Department of Children and Families did not introduce competent, substantial evidence to overcome the presumption that the child should be reunited with the parents once they substantially complied with their case plan. This argument is without merit.

N.R. also argues the order fails to enumerate the factors required for such orders under Florida law. The order is not a model of clarity; indeed, both the Department and the Guardian ad Litem concede the order lacks the requisite findings. Contrary to N.R.’s position, the remedy would be to remand the case to the trial court for entry of an amended order. See T.S. v. Dep’t of Health & Rehabilitative Servs., 471 So.2d 543 (Fla. 1st DCA 1985). However, despite the confession of error, it is not entirely clear that the order, while deficient in some respects, does not pass muster. Given the limited scope of review on certiorari, after considering the arguments carefully, we deny the petition.

DENIED.

SAWAYA, ORFINGER and COHEN, JJ., concur.


Cases With Similar Vibessemantic neighbors from the corpus


Citator

Authorities Cited

Full citator, related cases, and AI research tools

Open in FLexlaw