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. 3d DCA 2012).

Quote: “You don’t have to comb through the court file or make telephone calls to find out when hearings are going to be.” – Judge Rothenberg, who doesn’t know that in Miami dependency court that’s about the only way you can know for sure when your hearings are going to be. And even then, good luck.

As far as OAs go, this one has a surprise ending. Be sure to watch all the way through (or jump to 17:00).


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