N.B., MOTHER OF J.W. AND H.W., CHILDREN
v.
DEPARTMENT OF CHILDREN AND FAMILIES AND J.W., FATHER OF J.W. AND H.W., CHILDREN

Fla. 5th DCA | 2020-01-30
No. 19-2575
Galluzzo, J., Lambert, J., Edwards, J., Sasso, J.
Florida District Court of Appeal, Fifth District (2020)

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Holding

A party waives an argument regarding statutory compliance with section 39.621(10)(c) by failing to raise the perceived deficiencies in the trial court's order in a motion for rehearing.


Headnotes

[1] A party waives an argument regarding statutory compliance by failing to raise perceived deficiencies in a trial court order in a motion for rehearing.

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Facts & Procedural History

The mother of two children appealed the trial court's denial of her motion for reunification in a dependency case. The mother claimed the trial court'…

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Opinion of the Court
Mother Of

IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA

FIFTH DISTRICT

NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED N.B., MOTHER OF J.W. AND H.W., CHILDREN,

Appellant,

v. Case No. 5D19-2575 DEPARTMENT OF CHILDREN AND FAMILIES AND J.W., FATHER OF J.W.

AND H.W., CHILDREN,

Appellees. ________________________________/ Opinion filed January 30, 2020 Appeal from the Circuit Court for Seminole County, John D. Galluzzo, Judge. Allan Campbell, Lake Mary, and Sara Howeller, Sanford, for Appellant. Kelley Schaeffer, of Children's Legal Services, Bradenton, for Appellee, Department of Children and Families. Thomasina F.

Moore, and Joanna Summers Brunell, of Statewide Guardian ad Litem Office, Tallahassee, for Guardian Ad Litem. No appearance for other Appellee. PER CURIAM.

Appellant asserts that the trial court erred in denying her motion for reunification and claims that the order being appealed does not comply with section 39.621(10)(c), 2 Florida Statutes (2019). We find that issue has been waived because Appellant failed to raise any perceived deficiencies in the order to the trial court’s attention in the motion for rehearing that she filed. See C.S.C–D. v. Dep’t of Child. & Fams., 148 So. 3d 849, 849– 50 (Fla. 5th DCA 2014). Accordingly, we affirm. AFFIRMED.

LAMBERT, EDWARDS and SASSO, JJ., concur.


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