P.N., THE FATHER
v.
DEPARTMENT OF CHILDREN AND FAMILIES, ET AL.

Fla. 3d DCA | 2024-05-29
No. 2024-0177
Martinez-Scanziani, J., Emas, J., Scales, J., Bokor, J.
2024 FL 6251 Florida District Court of Appeal, Third District (2024)

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Holding

Termination of parental rights based on abandonment is proper when competent substantial evidence supports the trial court's finding of abandonment under Florida Statutes § 39.806(1)(b).


Headnotes

[1] Termination of parental rights may be based on abandonment as defined in Florida Statutes § 39.01(1) when competent substantial evidence supports the trial court's findin…

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Facts & Procedural History

P.N., the Father appealed a circuit court decision terminating his parental rights. The trial court found abandonment as the basis for termination.…

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Opinion of the Court
Bokor

Third District Court of Appeal State of Florida

Opinion filed May 29, 2024. Not final until disposition of timely filed motion for rehearing.

________________

No. 3D24-0177 Lower Tribunal No. 22-15000 ________________

P.N., the Father, Appellant,

vs.

Department of Children and Families, et al., Appellees.

An Appeal from the Circuit Court for Miami-Dade County, Denise Martinez-Scanziani, Judge.

Law Offices of Roger Ally, P.A., and Roger Ally, for appellant.

Karla Perkins, for appellee Department of Children and Families; Sara Elizabeth Goldfarb, Statewide Director of Appeals, and Laura J. Lee, Assistant Director of Appeals (Tallahassee); Christy Donovan Pemberton (Clearwater), for appellee Guardian ad Litem.

Before EMAS, SCALES and BOKOR, JJ.

PER CURIAM.

2

Affirmed. See M.A. v. Dep’t of Child. & Fams., 814 So. 2d 1244, 1245– 46 (Fla. 5th DCA 2002) (affirming termination without a case plan where competent substantial evidence supported trial court’s finding of abandonment, explaining that “[s]ection 39.806(1)(b), Florida Statutes (2001), allows TPR based on abandonment, as defined in s. 39.01(1)”).


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