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My apologies for the technical difficulties: this is only audio.  Court: Florida Third District Court of Appeal Judges: Shepherd, Rothenberg, Emas Attorneys: Kevin Colbert for the Mother; Karla Perkins for DCF Issues: whether a permanent guardianship order can delegate the parental visitation parameters to the permanent guardian; DCF separately concedes that findings on this order…

Furthermore, we reject DCF’s confession of error based on the Fifth District’s holding in P.S. that section 39.507(7) of the Florida Statutes prohibits a supplemental adjudication of dependency based on prospective abuse or neglect. In P.S., as here, the mother consented to DCF’s petition for dependency and the trial court entered an order adjudicating the children dependent. The father, however, challenged the…

The record shows that on March 30, 2010, the trial court denied an identical petition to terminate her parental rights filed by the Children and Families. Principles of collateral estoppel dictate therefore that only such conduct as may have occurred between that date and the January 10, 2011 filing of the present petition may be considered. See Donahue…

Someone once asked the GAL Program whether it ever takes a position on appeal contrary to DCF’s. Here’s one of those cases. Ignore the technical difficulties–you wouldn’t believe what I went through to get this recording.  Court: Florida Third District Court of Appeal Judges: Ramirez, Salter, Schwartz Attorneys: Ilene Herscher for Father D.A.; Karla Perkins…

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,…

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

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…

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…

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

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…