C.B., MOTHER OF K.B.
v.
DEPARTMENT OF CHILDREN AND FAMILIES

Fla. 1st DCA | 2024-10-24
No. 1D2024-1194
All concur.
2024 FL 12353 Florida District Court of Appeal, First District (2024)

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Synopsis

This is a per curiam dismissal of an appeal in a parental rights termination case. The appeal was dismissed because the appellant failed to timely file a brief in support of the appeal after counsel withdrew, following the procedure approved in N.S.H. v. Department of Children & Family Services.


Holding

The appeal is dismissed. The court approved the procedure that includes dismissal when counsel withdraws and the appellant fails to timely file his or her own brief in support of an appeal of termination of parental rights.


Headnotes

[1] An appeal of termination of parental rights may be dismissed when appointed counsel withdraws and the appellant fails to timely file an appellate 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).”

This quote establishes the legal authority and procedure for dismissing appeals when appellants fail to file timely briefs after counsel withdraws in parental rights termination cases.

Facts & Procedural History

C.B., the mother of K.B., appealed from a circuit court decision concerning parental rights. After her counsel withdrew, C.B. failed to file a timely …

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Opinion of the Court

October 24, 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). ROWE, RAY, and M.K. THOMAS, JJ., concur. _____________________________ Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331.

_____________________________ C.B., pro se, Appellant. Sarah J. Rumph, Children’s Legal Services, Tallahassee, for Appellee; Sara Elizabeth Goldfarb, Statewide Director of Appeals, and Amanda Victoria Glass, Senior Attorney, Tallahassee, Statewide Guardian ad Litem Office, for Guardian ad Litem.


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