J.M.
v.
DEP'T OF CHILDREN & FAMILIES

Fla. 1st DCA | 2019-03-20
No. 1D19-0510
Barkett, Ehrlich, Grimes, Kogan, McDonald, Overton, Shaw
265 So. 3d 737 Florida District Court of Appeal, First District (2019)

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Synopsis

The First District Court of Appeal of Florida dismissed an appeal concerning the termination of parental rights because the appeal was not timely filed. The court found it lacked jurisdiction and allowed the appellant to seek relief in the trial court.


Holding

No, the appeal was not timely filed, and therefore, the appellate court lacked jurisdiction to review the Final Judgment.


Headnotes

[1] An appellate court lacks jurisdiction to review a final judgment terminating parental rights when the appeal is not invoked within the time prescribed by rule.

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Key Quotes

“the Court has determined that its jurisdiction to review the Final Judgment for Termination of Parental Rights, rendered on December 4, 2018, was not invoked in a timely fashion.”

Establishes the primary reason for the court's decision.

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Facts & Procedural History

The appellant, J.M., sought to appeal a Final Judgment for Termination of Parental Rights rendered on December 4, 2018. The Department of Children and…

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Opinion of the Court

FIRST DISTRICT COURT OF APPEAL

STATE OF FLORIDA _____________________________

No. 1D19-0510 _____________________________

J.M., Father of E.M. and K.M., Minor Children,

Appellant,

v. DEPARTMENT OF CHILDREN AND FAMILIES,

Appellee.

_____________________________

On appeal from the Circuit Court for Duval County. David Gooding, Judge.

March 20, 2019 PER CURIAM.

Upon consideration of Appellant’s response to the Court’s order of February 12, 2019, the Court has determined that its jurisdiction to review the Final Judgment for Termination of Parental Rights, rendered on December 4, 2018, was not invoked in a timely fashion. Accordingly, this appeal is dismissed for lack of jurisdiction. The dismissal is without prejudice to the Appellant’s right to seek relief in the trial court. In the Interest of E.H., 609 So. 2d 1289 (Fla. 1992).

ROBERTS, RAY, and JAY, JJ., concur.

2

_____________________________ Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331.

_____________________________

Michael A. Tupper of Tupper Law, P.A., Jacksonville, for Appellant. Ward L. Metzger, Appellate Counsel, Children’s Legal Services, Jacksonville, for Appellee.


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