DAEMON REIYDELL AND BILLIE HENSKY REIYDELL, APPELLANTS,
v.
TRUSTMARK NATIONAL BANK, APPELLEE
DAEMON REIYDELL AND BILLIE HENSKY REIYDELL, APPELLANTS,
TRUSTMARK NATIONAL BANK, APPELLEE
63 So. 3d 910
Florida District Court of Appeal, First District (2011)
Positive Treatment
Cited by 5 cases
Opinion of the Court
Upon consideration of the Appellants’ response to the Court’s order of March 28, 2011, the Court has determined that the appeal is premature. See Conti v. B & E Holdings, LLC, et al., 61 So.3d 1272 (Fla. 1st DCA 2011). Accordingly, the appeal is hereby dismissed for lack of jurisdiction. All pending motions are denied as moot.
DAVIS, ROBERTS, and ROWE, JJ., concur.
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Wright v. Tribble (Fla. 3d DCA 2018)…ailed to present specific facts to support a finding that the father “abused, abandoned, or neglected the child as defined in chapter 39,” § 2 751.03(9), Fla. Stat. (2011), we affirm the trial court’s dismissal of the case. See In re A.M.M., 63 So. 3d 910, 913 (Fla. 2d DCA 2011) (order granting temporary custody to extended family member facially erroneous where court did not find by clear and convincing evidence that parent abused, abandoned, or neglected child as defined in chapter 39); In re T.…
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Salazar v. Heriberto Dominguez (Fla. 2d DCA 2022)…on the seemingly undisputed fact that the trial court based its child custody determination upon Ms. Salazar's procedural default. This was error. Florida law is clear: "child custody cannot be decided on the basis of a default." D.M.M. v. J.M.M., 63 So. 3d 910, 912 (Fla. 2d DCA 2011). "It has long been the rule in Florida that child custody should be decided based on the best interests of the children, not based on the default of one of the parents." Barnett v. Barnett, 718 So. 2d 302, 304 (Fla. 2d DCA…
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Corbin Kitchen v. Cerullo (Fla. 3d DCA 2019)…by “clear and convincing evidence” that the father was “unfit to provide for the care and control of the child” or that the child was abused, abandoned or neglected as defined under chapter 39. See § 751.05(3)(b), Fla. Stat. See also In re A.M.M., 63 So. 3d 910, 913 (Fla. 2d DCA 2011) (holding: “[T]he circuit court’s order wholly failed to address the mother’s fitness to parent the child. Specifically, the court did not find, by clear and convincing evidence or otherwise, that the mother had abused, aban…
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- Conti v. B & E Holdings, LLC, 61 So. 3d 1272 (Fla. 1st DCA 2011)