T.W., FATHER OF B.L. AND S.W., MINOR CHILDREN
v.
DEPARTMENT OF CHILDREN AND FAMILIES
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An order of disposition terminating parental rights is final and appealable immediately, even though the trial court must subsequently accept and adopt an amended adoption case plan under section 39.811(8).
[1] An order terminating parental rights becomes final and appealable upon rendition, and a parent must file notice of appeal within 30 days thereof, notwithstanding that the…
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Join FLexlaw to unlock all legal intelligence“the trial court's acceptance and adoption of an amended case plan pursuant to section 39.811(8) at some time in the future does not interfere with the finality of the order of disposition for purposes of a parent's right to appeal”
Court's explanation of why subsequent case plan filing does not delay appellability
The trial court entered an order of disposition terminating the father's parental rights and directing the Department of Children and Families to file…
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at some time in the future does not interfere with the finality of the order of disposition for purposes of a parent’s right to appeal.
Because Appellant did not timely seek review of the order of disposition, the appeal is hereby DISMISSED. This dismissal is without prejudice to Appellant’s right to seek relief in the trial court. In the Interest of E.H., 609 So. 2d 1289 (Fla. 1992).
ROBERTS, KELSEY, and WINSOR, JJ., concur.
_____________________________ Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331.