Category: Top Menu

  • Three PCAs from the Third DCA

    M.H. v. DCF, 3D13-0343 (PCA’ing J. Figarola) (oral argument here). A.F. v. DCF, 3D13-0202 (PCA’ing J. Cohen). J.E. v. DCF, 3D12-2131 (PCA’ing J. Hanzman). Yawn.

  • 3D13-1025 – RLR v. State of Florida – Attorney Client Privilege

    Edit! This is the official Third DCA video. Court: Florida 3rd DCA Judges: Shepherd, Fernandez, Suarez Attorneys: Angela Vigil for Petitioner Child, Karla Perkins for DCF, Hillary Kambour for GAL Program. Issue: Petition for writ quashing order commanding child’s attorney ad litem to disclose child’s location over assertion of attorney-client privilege.

  • Oral Argument on Drug Use and Dealing – 3D13-0343 – M.H. vs DCF

    3D13-0343 – M.H. vs DCF Florida Third DCA, Judges: Emas, Logue, Schwartz Attorneys: Kevin Colbert for Mother, Karla Perkins for DCF, Hillary Kambour for GALP Issues: Substantial competent evidence to support adjudications, prospective risk, and nexus, substance abuse, drug sales, providing alcohol to minor Quote: “They may know what Four Loko is, but WE don’t know…

  • Throwback Thursday: Mary K. Brennan Arguing for Right to be Heard in 2006

    In 2005, two years after Juvenile Rule 8.350 was enacted, Mary K. Brennan of Jacksonville Area Legal Aid, faced a situation none of us wants: an eight-year-old client being committed to a SIPP facility. At the SIPP hearing the Department submitted the suitability assessment into evidence over a hearsay objection without the testimony of the…

  • Now watch your favorite Florida Third DCA Appellate Moments again and again

    The Third DCA has finally posted video archives! The interface is a lot clunky, so I downloaded all of the Dependency OAs and uploaded them to Youtube. I would encourage the Third to do the same in the future, as it will take strain off their servers and entertain viewers with hilariously non sequitur recommended…

  • 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)

  • G.O. v. DCF: No, GMs cannot hear MBI testimony

    As predicted, G.O. v. DCF, the TPR case where a GM heard the MBI testimony, was reversed. The only question was how far backed the Third would go to start the proceedings over. They went all the way: the mother must be renoticed for her advisory. You can read the very short opinion here.

  • 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.

  • 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.