H.W.B., MOTHER OF H.M.R., A MINOR CHILD
v.
DEPARTMENT OF CHILDREN AND FAMILIES
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
A mother appealed a termination of parental rights decision after her counsel withdrew and she failed to timely file her own brief. The Florida First District Court of Appeal dismissed the appeal pursuant to established precedent requiring such dismissal when appellants fail to file briefs supporting termination of parental rights appeals.
The appeal is dismissed. Florida law, as established in N.S.H. v. Department of Children and Family Services, approves a procedure that includes dismissal of termination of parental rights appeals when counsel withdraws and the appellant fails to timely file his or her own brief.
[1] When counsel withdraws from an appeal of termination of parental rights, the appellant must file her own brief within the prescribed time or face dismissal of the appeal.
Previewing 1 of 1 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
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)”
Establishes the legal authority for dismissing the appeal based on the mother's failure to file a timely brief after counsel withdrew
H.W.B., a mother of a minor child H.M.R., appealed a decision from the Circuit Court for Escambia County regarding termination of parental rights. Aft…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Failure To Prosecute Appeal cases and more on FLexlaw
February 6, 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, ROWE, and RAY, JJ., concur.
_____________________________ Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331.