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Category: Case Law Updates

  • I Would Never Recommend a Litigant Go Pro Se, But…

    It’s rare to see a pro se litigant win, especially at the appellate level, but this Mother most certainly did. This is definitely worth watching. For some reason only the audio recorded, so I’ve included a pleasant picture of the Third DCA for you to look at.  Court: Florida Third District Court of Appeal Judges: Rothenberg,…

  • DM v. DCF is PCA’d

    I’m on an accurate prediction streak. The second DM v. DCF was per curiam affirmed by the Third DCA yesterday.

  • I called it again: DM v. DCF

    I’m apparently pretty good at calling easy cases. As predicted here, the Third wasted no time getting the opinion out in DM v. DCF, — So.3d —-, 2012 WL 280750 (Fla. 3rd DCA 2012): the father’s TPR is affirmed, the Mother’s TPR is reversed. They make no mention of single-parent termination, or the lack of evidence of…

  • Second DCA: Grandparent Standing and Limiting the Keeping Children Safe Act

    Section 39.01(51), Florida Statutes (2010), defines “party” to include “the petitioner.” Because the grandparents are petitioners in the trial court, they are not “essentially” parties, they are parties. Thus, we determine that they have standing to challenge the order. In addition, the effect of the order is to prohibit the grandfather from living with his wife, which…

  • D.M. v. DCF (Fla. 3rd DCA) (argued January 25, 2012)

    This is a different D.M. than I posted last week. There’s a clear affirmance of TPR coming here.  Court: Florida Third District Court of Appeal Judges: Lagoa, Fernandez, Schwartz Attorneys: Sandford Rockowitz for the Mother; Hillary Kambour for the GAL Program; Karla Perkins for DCF (joining GAL Program’s oral argument). Issues: whether there was competent…

  • Y.A. v. DCF is PCA’d

    As predicted (at least by me), Y.A. (OA here) was PCA’d yesterday.

  • D.M. v. DCF (Fla. 3rd DCA 2012)

    Well this is a definite reversal for the mother.  Court: Florida Third District Court of Appeal Judges: Ramirez, Suarez, Rothenberg Attorneys: Kevin Colbert for the Mother, Denis Burger for the Father, FIU College of Law Family and Child Advocacy Clinic for minor child A.M.; Hillary Kambour for the GAL Program, Karla Perkins for DCF, another…

  • Dependency Oral Argument: Y.A. v. DCF (Fla. 3rd DCA)

    Court: Florida Third District Court of Appeal Judges: Shepherd, Cortinas, Lagoa Attorneys: Thomas Butler for the mother; Hillary Kambour for GAL Program; Karla Perkins for DCF (joining GAL’s OA) Issue: Whether the evidence established that termination of the mother’s rights was the least restrictive means; whether the trial court’s order made sufficient findings of least…

  • The Power of Experts in Child Welfare Law

    The basis of the petition to terminate the mother’s rights was the alleged insufficiency of her attempts to keep the children’s mentally ill and highly abusive father from her home and away from the children. There is no allegation that the mother has otherwise harmed her children or has not provided for their care. With…

  • “Judicial Event Horizon” – Dual Maternity in Florida

    A lesbian couple has a baby (one supplies the eggs, one supplies the womb), raises it, and eventually separates. The birth mother runs to Australia. The biological mother seeks to assert parental rights. Our analysis reveals that there is nothing in chapter 742, and specifically section 742.14, that addresses the situation where the child has both…