C.C., FATHER OF L.A., A CHILD
v.
DEPARTMENT OF CHILDREN AND FAMILIES
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A Florida appellate court affirmed the termination of C.C.'s parental rights to his child L.A. after initially withdrawing a prior opinion and aligning with the Florida Supreme Court's directive in a related proceeding. The decision resolves a child welfare termination case that was transferred between district courts of appeal and reviewed by the state supreme court.
The Sixth District Court of Appeal affirmed the trial court's final order terminating C.C.'s parental rights to L.A., consistent with the Florida Supreme Court's opinion in the consolidated case.
[1] A prior appellate opinion and mandate are withdrawn and the trial court's order is affirmed when the appellate court acts in accordance with a Florida Supreme Court opini…
[2] Appellate courts must affirm trial court orders when acting in accordance with controlling Florida Supreme Court precedent.
Previewing 2 of 3 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“We withdraw the previous opinion and mandate issued in C.C., Father of L.A., a Child v. Department of Children & Families, 47 Fla. L. Weekly D2323 (Fla. 5th DCA Nov. 14, 2022), and we affirm the trial court's final order terminating C.C.'s parental rights to L.A. in accordance with the Florida Supreme Court's opinion in this case”
The core holding: the Sixth District withdraws the prior Fifth District opinion and affirms the parental termination in accordance with Florida Supreme Court direction.
C.C. was the father of L.A., a child. A dependency action was filed in Osceola County Circuit Court (case number 2017-DP-000117-SH). The trial court e…
The full statement of facts, procedural history, and disposition for this case are member content.
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SIXTH DISTRICT COURT OF APPEAL STATE OF FLORIDA
_____________________________
Case No. 6D23-1357 Lower Tribunal No. 2017-DP-000117-SH
_____________________________
In the Interest of L.A., a child.
C.C.,
Appellant,
v.
DEPARTMENT OF CHILDREN AND FAMILIES,
Appellee.
_____________________________
Appeal from the Circuit Court for Osceola County.
Laura Shaffer, Judge.
April 4, 2024 WOZNIAK, J.
We withdraw the previous opinion and mandate issued in C.C., Father of L.A.,
a Child v. Department of Children & Families, 47 Fla. L. Weekly D2323 (Fla. 5th
DCA Nov. 14, 2022), and we affirm the trial court’s final order terminating C.C.’s parental rights to L.A. in accordance with the Florida Supreme Court’s opinion in this case, Statewide Guardian ad Litem Office v. C.C., Nos. SC2023-0604, SC2023-
0605, 2024 WL 979471 (Fla. Mar. 7, 2024).1
AFFIRMED. TRAVER, C.J., and NARDELLA, J., concur. Keith Peterson of the Law Offices of Peterson, P.A., Mulberry, and Ryan Thomas Truskoski, of Ryan Thomas Truskoski, P.A., Orlando, for Appellant. Stephanie C. Zimmerman, Deputy Director and Statewide Director of Appeals, and Kelley Schaeffer, Appellate Counsel, Children’s Legal Services, Bradenton, for Appellee, Department of Children and Families. Dennis W. Moore, Executive Director, Sara Elizabeth Goldfarb, Statewide Director of Appeals, Laura J. Lee, Assistant Director of Appeals, Statewide Guardian ad Litem Office, Tallahassee, and Blake Lynne Bruce, pro bono, Statewide Guardian ad Litem Office Defending Best Interests Project, Alexandria, Virginia, for Appellee, Statewide Guardian ad Litem Office.
NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF TIMELY FILED