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Category: Case Law Updates

  • Finally, some case law

    After a slow start to 2013, the appellate courts seem to be back in business: Reflection on the importance of dependency orders. In re C.Z., — So.3d —-, 2013 WL 466209 (Fla. 2nd DCA 2013). Biology is still not everything in paternity cases. Van Weelde v. Van Weelde, — So.3d —-, (Fla. 2nd DCA 2013).  And, we only…

  • Catching up: 3-Party Adoptions, SIPP, and my reading list for this weekend

    I’ve been behind on posting the news, but what a news week it has been: News #1. Judge Antonio Marin allows a three-person adoption: two moms and a dad. DO NOT read the comments unless you want your eyes to roll out of your head. News #2. Judge Michael Hanzman writes a very long order…

  • What the Florida Supreme Court won’t be hearing

    The Florida Supreme Court denied cert in three cases this week. If anyone has any more information about them, I would greatly appreciate it. T.Y.C. v. DCF – A case from the Second that has done a lot of bouncing around. First there was an untimely appeal in June 2011. Then I assume a writ…

  • Case of a million evidentiary objections is affirmed

    The OA is here. The opinion is here. Condensed version: “After two months of staring at the record we find no reversible evidentiary errors.” N.M. v. Department of Children and Families — So.3d —-, 2012 WL 6601965 Fla.App. 3 Dist.,2012. December 19, 2012 (Approx. 1 page)

  • The Shaken Baby Battle

    In this case, McDonald moved for the appointment of board-certified neurosurgeon Ronald Uscinski, who the defense expected to opine that shaken baby syndrome rests on “flawed science,” and to testify to innocent medical explanations for E.M.’s injuries. A representative of the Justice Administrative Commission (“JAC”) appeared in opposition to the request, but confirmed that the…

  • Third-Party Access to Dependency Records Got a Little Easier Yesterday

    Plant City, being sued for wrongful death, sought access to the decedent child’s dependency records. The dependency court denied the request, balancing the child’s privacy against the city’s interests. Not right, says the Second DCA: In this case, the dependency court abused its discretion by failing to apply the test established in section 39.0132(3). The statute…

  • On the Limited Role of State Courts in SIJ Applications

    From the New York Family Court: This Court would be remiss in not setting forth why it declines to follow the recent opinion of the Supreme Court of Nebraska in Erick M. which, were it binding upon this Court, would require that Mario’s application for special findings be denied. Under the Nebraska Supreme Court’s interpretation…

  • First DCA Still Requires Preservation of Sufficiency

    J.F.S. appeals the termination of his parental rights. Because he failed to move for a judgment of dismissal after the presentation of the State’s evidence, or at any other time during the termination hearing, we affirm. K.J. ex rel. A.J. v. Dep’t of Children & Families, 33 So.3d 88, 89 (Fla. 1st DCA 2010); J.D. v. Dep’t of…

  • Concerns are not Evidence

    In this case, the trial court was presented with evidence that the mother had substantially complied with the case plan, and the trial court appeared to accept that substantial compliance. Thus, there was a presumption of reunification. However, the trial court denied reunification based on the finding that returning the children to the mother would…

  • Attention Dependency Attorneys: There is also a Chapter 49

    Appellant challenges the final order terminating her parental rights. Although Appellant failed to personally appear at the final hearing after receiving prior verbal notice of the hearing via telephone, the hearing was held only 26 days after the date of first publication of the service of process by publication. Accordingly, the final order is REVERSED…