L.G., MOTHER OF A.G., D.H., B.H., B.W., MINOR CHILDREN
v.
DEPARTMENT OF CHILDREN AND FAMILIES
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The First District Court of Appeal dismissed L.G.'s appeal from a termination of parental rights decision after her counsel withdrew and she failed to timely file her own brief in support of the appeal. The court followed the established procedure approved in N.S.H. v. Department of Children and Family Services.
The appeal is dismissed. When counsel withdraws in an appeal involving termination of parental rights and the appellant fails to timely file her own brief in support of the appeal, dismissal of the appeal is the appropriate procedure.
[1] Dismissal of an appeal of termination of parental rights is an appropriate sanction when the appellant fails to timely file a brief after appointed counsel withdraws, pur…
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Join FLexlaw to unlock all legal intelligence“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 court's rationale for dismissal, citing the controlling precedent from N.S.H.
L.G. is the mother of four minor children: A.G., D.H., B.H., and B.W. A circuit court decision regarding termination of parental rights was appealed b…
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January 17, 2025 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). B.L. THOMAS, RAY, and KELSEY, JJ., concur. _____________________________ Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331.
_____________________________ L.G., pro se, Appellant. Sarah J. Rumph, Children’s Legal Services, Tallahassee, for Appellee; Sara Elizabeth Goldfarb, Statewide Director of Appeals, and Mercy Almaguer, Senior Attorney, Statewide Guardian ad Litem, Tallahassee, for Statewide Guardian ad Litem.