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Watch the pros argue nexus: is proof of harm required where the father kills the mother?
In this oral argument, Mr. Colbert shows that it is possible to argue under Florida law that even the murder of the child’s mother is insufficient to establish a nexus of harm to the children. Based on the court’s questions, this is probably not true much longer in the Third DCA. The OA also contains…
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Oral Argument on Notice and Hearing gets Real
Court: Florida Third DCA Judges: Emas, Rothenberg, Fernandez Attorneys: Kevin Colbert for Father, Karla Perkins for DCF Issue: Trial court entered a TOS order with a no-contact for out-of-state father without notice and hearing. The father’s TPR by default was previously reversed in F.M. v. State Dept. of Children & Families, 95 So. 3d 378 (Fla.…
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Run-of-the-mill TPR appeal
Nothing to see here, but if you want to watch anyway… Florida 3rd DCA – Judges: Shepherd, Suarez, Salter Attorneys: Thomas Butler for Father; Hillary Kambour for GAL Program; Karla Perkins for DCF Issues: TPR for egregious conduct against non-biological child and abandonment; disqualification of judge for comments at the shelter with no written order. Outcome:…
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Free-range GALs — unlicensed practice of law by GAL not fundamental error
Court: Florida Third DCA Judges: Lagoa, Fernandez, Schwartz Issue: Is it fundamental error to allow a GAL to question witnesses directly in a dissolution trial? Holding: Even though GALs must participate only through counsel by statute, it’s not fundamental error if they don’t. The husband here did not object at trial and there was no…
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Third DCA PCAs Everything
The Third DCA has PCA’d the three last dependency-related oral arguments in a row. B.S. v. DCF – What findings are required for a single-parent TPR? “We think every issue is important” except maybe this one. E.D. v. DCF – What form must the dispo order take in a supplemental findings hearing? We’re not too…
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B.S. v. DCF – What findings are required for a single-parent termination?
Judges: Suarez, Lagoa, Salter Attorneys: Ilene Herscher for Father; Karla Perkins for DCF; Hillary Kambour for GAL. Issue: Must a court make explicit findings to justify single-parent TPR? Did the evidence support a one-parent TPR here? Thoughts: The Third DCA: “We think every issue is important.”
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E.D. v. DCF – I have no idea what this OA is about (and I even watched it)
One small blessing is that it’s short… Attorneys: Richard Joyce for Father; Hillary Kambour for GAL; DCF joining GAL. Issue: What form must the order of disposition take when making a supplemental finding of dependency? Thoughts: Almost absolute bench silence = PCA.
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L.C. v. DCF – Schizophrenia and Expedited TPRs
Court: Florida 3rd DCA Judges: Shepherd, Logue, Schwartz Attorneys: Kevin Colbert for the Father, Karla Perkins for DCF, Hillary Kambour for GAL Program. Issue: Did substantial competent evidence support expedited TPR for a father with schizophrenia? Thoughts: Expedited TPRs for treatable/manageable conditions are always tricky because there is always a possibility, no matter how remote,…
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OA on T.B. v. DCF: What level of specificity is required for single-parent TPR findings?
Florida Third DCA Judges: Cortinas, Emas, Logue Attorneys: Ilene Herscher for Mother, Hillary Kambour for GAL Program Issue: Specificity of single parent termination findings Prediction: remand for further findings.
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Third DCA Upholds Attorney-Client Privilege for Foster Youth, Quashes Contempt Order
R.L.R. came down today quashing the contempt order and upholding the attorney-client privilege. Says the court: “In this circumstance it is altogether clear that protecting the attorney-client privilege protects the administration of justice.” I was saddened and disappointed by some of the language DCF (notably not the GAL Program) used in its oral argument and response. Language…