R.W., FATHER OF B.E.W., MINOR CHILD
v.
DEPARTMENT OF CHILDREN AND FAMILIES
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The Florida District Court of Appeal dismissed an appeal of a parental rights termination case after the appellant's counsel withdrew and the appellant failed to timely file his own brief in support of the appeal.
The appeal is dismissed pursuant to N.S.H. v. Department of Children and Family Services, which approves the procedure of dismissing appeals when, after counsel withdraws, the appellant fails to timely file his or her own brief in support of an appeal of termination of parental rights.
[1] An appellate court may dismiss an appeal of a parental rights termination when counsel withdraws and the pro se appellant fails to timely file his or her own brief.
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Join FLexlaw to unlock all legal intelligence“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 court's sole basis for dismissal, citing established Florida precedent that permits dismissal when appellants fail to file briefs after counsel withdraws in parental rights cases.
R.W. appealed a decision regarding his minor child B.E.W. in a case involving the Department of Children and Families. After his counsel withdrew, R.W…
The full statement of facts, procedural history, and disposition for this case are member content.
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January 24, 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). NORDBY, TANENBAUM, and LONG, JJ., concur. _____________________________ Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331.
_____________________________ R.W., 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 Office, Tallahassee, for Statewide Guardian ad Litem.