Category: Case Law Updates
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A Small Pharmacy in Her Purse
On appeal, the mother argues that drug tests showing the use of drugs prescribed to her cannot support the conclusion that she failed to substantially comply with her case plan. Certainly, the legitimate use of prescribed medications should not lead to a parent’s loss of parental rights, but that is not the situation here. On…
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City of Orlando v. Pineiro: What not to Say in Closing Argument
City of Orlando v. Pineiro — So.3d —-, 2011 WL 3359613 Fla.App. 5 Dist.,2011. August 05, 2011 (Approx. 7 pages) My honest thanks to the Fifth DCA for publishing a whole opinion on improper closing argument. My tongue-in-cheek thanks to anonymous counsel for making it possible. Improper arguments covered in the opinion include: golden rule…
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C.L v. DCF: Default 101
C.L. v. Florida Dept. of Children and Families — So.3d —-, 2011 WL 3341490 Fla.App. 1 Dist.,2011. August 04, 2011 (Approx. 1 page) Default 101: You can’t default someone who tells you in advance they can’t be at the hearing for financial reasons. REVERSED.
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C.G. v. DCF: Judicial Notice Is Ok
C.G. v. Department of Children and Families — So.3d —-, 2011 WL 3250545 Fla.App. 3 Dist.,2011. August 01, 2011. The only thing interesting about this TPR appeal is the discussion on judicial notice. The Mother argued that the trial court erred in judicially noticing the dependency orders because they were entered at less than clear-and-convincing…