S.L.H, ETC.
v.
DEPARTMENT OF CHILDREN AND FAMILIES

Fla. 1st DCA | 2025-03-19
No. 1D2024-2659
2025 FL 2241 Florida District Court of Appeal, First District (2025)

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Synopsis

This is a brief per curiam dismissal of an appeal challenging termination of parental rights. The appellate court dismissed the case because the appellant failed to timely file his own brief after his appointed counsel withdrew.


Holding

The appeal is dismissed because the appellant failed to timely file his own brief in support of the appeal following counsel's withdrawal, consistent with the approved procedure in N.S.H. v. Department of Child. & Fam. Servs.


Headnotes

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

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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 controlling legal authority for the court's dismissal procedure when an appellant fails to file a timely brief after counsel withdrawal in a parental rights termination case.

Facts & Procedural History

S.L.H. appealed a circuit court decision regarding termination of parental rights for minor children K.S.L.H. and K.M.F.H. After the appellant's couns…

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Opinion of the Court

March 19, 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). LEWIS, ROBERTS, and LONG, JJ., concur. _____________________________ Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331.

_____________________________ S.L.H., 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.


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