T.T., FATHER OF A.J., T.T., T.T., T.T., T.T., MINOR CHILDREN
v.
DEPARTMENT OF CHILDREN AND FAMILIES

Fla. 1st DCA | 2024-06-10
No. 2024-0271
2024 FL 6788 Florida District Court of Appeal, First District (2024)

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Synopsis

The First District Court of Appeal dismissed an appeal filed by a father challenging the termination of his parental rights after his counsel withdrew and he failed to timely file his own brief. The court applied established precedent allowing dismissal under these procedural circumstances.


Holding

The court affirmed dismissal of the appeal based on the appellant's failure to timely file his own brief after counsel withdrew, applying the procedure approved in N.S.H. v. Department of Children & Family Services.


Headnotes

[1] An appeal of a termination of parental rights may be dismissed when the appellant fails to timely file his or her brief in support of the appeal after counsel withdraws,…

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Key Quotes

“N.S.H. v. Dep't of Child. & Fam. Servs., 843 So. 2d 898 (Fla. 2003) (approving procedure that includes dismissal when, after counsel withdraws, the appellant fails to timely file his or her own brief in support of appeal of termination of parental rights).”

The sole basis for the court's dismissal order, citing established Florida precedent permitting dismissal under these procedural circumstances.

Facts & Procedural History

A father appealed a decision terminating his parental rights in a Bay County Circuit Court. After his counsel withdrew from the appeal, the father fai…

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Opinion of the Court

June 10, 2024 PER CURIAM.

DISMISSED. N.S.H. v. Dep’t of Child. & Fam. Servs., 843 So. 2d 898 (Fla. 2003) (approving procedure that includes dismissal when, after counsel withdraws, the appellant fails to timely file his or her own brief in support of appeal of termination of parental rights). RAY, BILBREY, and KELSEY, JJ., concur. _____________________________ Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331.

_____________________________ T.T., pro se, Appellant. Sarah J. Rumph, Children’s Legal Services, Tallahassee, for Appellee; Sara Elizabeth Goldfarb, Statewide Director of Appeals, and Caitlin E. Burke, Senior Attorney, Statewide Guardian ad Litem Office, Tallahassee, for Guardian ad Litem.


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