H.F., MOTHER OF M.L., MINOR CHILD
v.
DEPARTMENT OF CHILDREN AND FAMILIES

Fla. 1st DCA | 2024-09-17
No. 1D2024-0560
McCullough
2024 FL 11302 Florida District Court of Appeal, First District (2024)

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Synopsis

The Florida District Court of Appeal dismissed an appeal brought by a mother challenging the termination of her parental rights. The mother, proceeding pro se after counsel withdrew, failed to timely file her own brief in support of the appeal.


Holding

The appeal is dismissed. Under the procedure approved in N.S.H. v. Department of Children and Family Services, an appeal may be dismissed when counsel withdraws and the appellant fails to timely file her own brief supporting the appeal of termination of parental rights.


Headnotes

[1] An appeal of termination of parental rights may be dismissed when the appellant's counsel withdraws and the appellant fails to timely file her own brief in support of the…

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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).”

Establishes the legal authority for dismissing the appeal based on the appellant's failure to timely file a brief after counsel withdrew.

Facts & Procedural History

H.F. is the mother of minor child M.L. The Department of Children and Families sought termination of parental rights. The matter was appealed to the c…

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Opinion of the Court

September 17, 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). LEWIS, NORDBY, and TANENBAUM, JJ., concur. _____________________________ Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331.

_____________________________ H.F., pro se, Appellant. Sarah J. Rumph, Appellate Counsel, Children’s Legal Services, Sara Elizabeth Goldfarb, Statewide Director of Appeals, and Caitlin E. Burke, Senior Attorney, Statewide Guardian ad Litem, Tallahassee, for Appellee.


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