Author: Robert Latham

  • 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…

  • R.L.-R dismissed as moot

    The hearing didn’t disappear…it was dismissed as moot. I would suspect that means that the youth came back or his location is no longer a mystery. Since the Third DCA didn’t take up the issue anyway, that might be some indication that they believe the outcome here was right.

  • 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…

  • R.L.-R Hearing Vanishes Again

    On the same day I posted that R.L.-R was set for October 29, it once again vanished from the Third DCA’s online calendar.

  • Attorney-Client Privilege Case Set for Oral Argument

    I’ve known that R.L-R was set for OA on October 29th for a while, but for some reason the Third DCA hadn’t posted it on their website so I kept my mouth shut. Now I know why, it took three weeks just to type out all the amici: ORAL ARGUMENT CALENDAR TEN MINUTES A SIDE FOR…

  • PCA on RTI Residency Case

    I’m disappointed to report that the Acosta RTI cases were PCA’d on Friday (See Michael and Joseph). Though I don’t agree with the result, I do hope the efforts have shined light on the issue of kids aging out out-of-state. Future versions of RTI should seek to help youth no matter where they live.

  • 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…

  • Dual Maternity OA on wsfu.org

    In case you missed it, you can watch oral argument on the dual maternity (lesbian moms) case, D.M.T. v. T.M.H., on wfsu.org here.

  • 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,…

  • This Tuesday: Dual Maternity Oral Argument

    Don’t forget to set aside some time Tuesday morning (approx. 9:40am) to watch the oral arguments in the Dual Maternity case in the Florida Supreme Court.