N.M. v. DCF (Fla. 3rd DCA) (argued October 17, 2012)

Court: Florida Third District Court of Appeal Judges: Lagoa, Logue, Schwartz Attorneys: Thomas Butler for the Father; Sharon Wolling for the Mother (joining the father’s argument); Karla Perkins for DCF; Hillary Kambour for GALP (joining DCF) Issues: whether the numerous alleged evidentiary errors warrant reversal; whether failure to allow testimony on the child’s recusal amounts […]

Unsurprisingly, “No money like dope money” tattoo not grounds for a dependency

A Second DCA trial court found a child at risk of harm from his father because the father had gang tattoos, even though in the same breath the court acknowledged: [O]n the other hand, he has been actively involved in his son’s life. He has stepped up to the plate in terms of providing support […]

Oral Argument on G.O v. DCF: Can General Magistrates Hear Manifest Best Interests Hearings?

Court: Florida Third District Court of Appeal Judges: Suarez, Cortinas, Emas Attorneys: Kevin Colbert for the Mother; Karla Perkins for DCF; Hillary Kambour for GALP (joining DCF) Issues: whether a general magistrate has authority to hear manifest best interests testimony; whether it is error to enter a TPR final judgment on a GM recommended order […]

JBB on Geter: Closing the Barn Door

Justice Building Blog on the Third DCA’s Geter opinion (read: disaster) denying retroactive application of Miller to juveniles convicted of life without parole: What’s really behind the 3rd’s decision? Closing the barn door BEFORE the horses get out: Applying Miller retroactively would undoubtedly open the floodgates for postconviction motions where at the time of conviction and sentencing, […]