R.B. v. Dep't of Child. & Families, 799 So. 2d 441 (Fla. 5th DCA 2001). · Go Syfert
R.B. v. Dep't of Child. & Families, 799 So. 2d 441 (Fla. 5th DCA 2001). Cases Citing This Book View Copy Cite
5 citation events (5 in the last 25 years) across 1 distinct court.
Strongest positive: J. L.-B., Mother of I.L., C.D., H.L., B.B. v. Department of Children and Families (fladistctapp, 2015-10-20)
Top citers, strongest first. 2 distinct citers. How cited ↗
examined Cited as authority (verbatim quote) J. L.-B., Mother of I.L., C.D., H.L., B.B. v. Department of Children and Families (2×)
Fla. Dist. Ct. App. · 2015 · signal: see also · quote attribution · 2 verbatim quotes · confidence high
a trial court order finding a child dependent but withholding an adjudication of dependency is properly reviewable by this court pursuant to rule 9.030(b)(1)(a) of the florida rules of appellate procedure.
discussed Cited as authority (rule) N.E.R. v. Department of Children & Family Services
Fla. Dist. Ct. App. · 2009 · confidence medium
See P.H. v. Dep’t of Children & Families, 901 So.2d 277, 277 (Fla. 5th DCA 2005); R.B. v. Dep’t of Children & Families, 799 So.2d 441, 442 (Fla. 5th DCA 2001); E.M.A. v. Dep’t of Children & Families, 795 So.2d 183, 184 (Fla. 1st DCA 2001); F.R. v. Dep’t of Children & Families, 763 So.2d 478, 479 (Fla. 5th DCA 2000).
R.B., Father of J.B., A Child, Appellant,
v.
DEPARTMENT OF CHILDREN AND FAMILIES, Appellee.
5D01-181.
District Court of Appeal of Florida, Fifth District.
Nov 16, 2001.
799 So. 2d 441
2001 WL 1436106

[*442] Ryan Thomas Truskoski of RyanThomas Truskoski, P.A., Orlando, for Appellant.

James A. Sawyer, Jr., Kissimmee, for Appellee.

PALMER, J.

R.B. (father) appeals the order of the trial court adjudicating his daughter to be dependent and placing her in shelter care. Finding no abuse of discretion, we affirm.

The father contends that the trial court erred in finding dependency on the basis of abandonment, when the petition for dependency did not reference abandonment. The father's position is unfounded because the petition for dependency alleged generally that the parents had abused and neglected the child, and the trial court stated on the record that the child was found dependent based upon the father's neglect.

The father also argues that this court erred when it dismissed his first appeal based upon a determination that the trial court's order finding his daughter dependent but withholding an adjudication of dependency was not a final, appealable order. Although both parties recognize that this issue is now moot, both request appellate review because of an apparent inconsistency in the manner in which our court has addressed this issue. See Enterprise Leasing Co. v. Jones, 789 So.2d 964 (Fla.2001) (holding that the court can properly address an issue which, although moot, is likely to recur). We agree that appellate review is warranted and take this opportunity to reiterate that a trial court order finding a child dependent but withholding an adjudication of dependency is properly reviewable by this court pursuant to rule 9.030(b)(1)(A) of the Florida Rules of Appellate Procedure. See F.R. v. Dep't of Children & Families, 763 So.2d 478 (Fla. 5th DCA 2000); K.S. v. Dep't of Children & Families, 760 So.2d 1068 (Fla. 5th DCA 2000).

AFFIRMED.

GRIFFIN and PLEUS, JJ., concur.