Autonation, Inc. v. Armijo, 944 So. 2d 553 (Fla. 4th DCA 2007). · Go Syfert
Autonation, Inc. v. Armijo, 944 So. 2d 553 (Fla. 4th DCA 2007). Cases Citing This Book View Copy Cite
“we recognize that the guardian ad litem testified that s.s. was beyond rehabilitation. however, that opinion, which may yet turn out to be correct, was not expert.”
18 citation events (18 in the last 25 years) across 1 distinct court.
Strongest positive: L.C.A., THE MOTHER v. DEPARTMENT OF CHILDREN AND FAMILIES (fladistctapp, 2021-03-17)
Top citers, strongest first. 13 distinct citers.
discussed Cited as authority (verbatim quote) L.C.A., THE MOTHER v. DEPARTMENT OF CHILDREN AND FAMILIES
Fla. Dist. Ct. App. · 2021 · signal: see · quote attribution · 1 verbatim quote · confidence high
we recognize that the guardian ad litem testified that s.s. was beyond rehabilitation. however, that opinion, which may yet turn out to be correct, was not expert.
discussed Cited as authority (verbatim quote) Q.L., THE MOTHER v. DEPT. OF CHILDREN & FAMILIES (2×) also: Cited as authority (rule)
Fla. Dist. Ct. App. · 2019 · quote attribution · 1 verbatim quote · confidence high
non-expert speculation is not a sufficient basis for terminating parent rights.
discussed Cited as authority (verbatim quote) J.C. v. Department of Children & Family Services
Fla. Dist. Ct. App. · 2009 · quote attribution · 1 verbatim quote · confidence high
tjhere must be a further nexus between the past conduct and future behavior.
discussed Cited as authority (verbatim quote) In Re GC
Fla. Dist. Ct. App. · 2009 · quote attribution · 1 verbatim quote · confidence high
here must be a further nexus between the past conduct and future behavior.
cited Cited as authority (rule) C.P., THE FATHER v. DEPARTMENT OF CHILDREN AND FAMILIES
Fla. Dist. Ct. App. · 2021 · confidence medium
“A trial court’s finding of clear and convincing evidence is reversible only if clearly erroneous or lacking in evidentiary support.” S.S. v. D.L., 944 So. 2d 553, 557 (Fla. 4th DCA 2007).
cited Cited as authority (rule) T.B., THE FATHER v. DEPT. OF CHILDREN & FAMILIES
Fla. Dist. Ct. App. · 2020 · confidence medium
Q.L., 280 So. 3d at 115 (citing S.S. v. D.L., 944 So. 2d 553, 559 (Fla. 4th DCA 2007) for the proposition that “non-expert speculation is not a sufficient basis for terminating parent rights.”).
discussed Cited as authority (rule) LW v. Department of Children and Families
Fla. Dist. Ct. App. · 2011 · confidence medium
Instead, this test requires that ‘those measures short of termination should be utilized if such measures can permit the safe reestablishment of the parent-child bond.’ ” A.J. v. K.A.O., 951 So.2d 30, 33 (Fla. 5th DCA 2007) (quoting S.S. v. D.L., 944 So.2d 553, 558 (Fla. 4th DCA 2007)) (citation omitted).
cited Cited as authority (rule) C.D.M. v. K.
Fla. Dist. Ct. App. · 2011 · confidence medium
J.S. v. Fla. Dep’t of Children & Families, 18 So.3d 1170, 1178 (Fla. 1st DCA 2009); T.O. v. L.S., 954 So.2d 737 (Fla. 1st DCA 2007); S.S. v. D.L., 944 So.2d 553, 557 (Fla. 4th DCA 2007).
cited Cited as authority (rule) Cdm v. K.
Fla. Dist. Ct. App. · 2011 · confidence medium
J.S. v. Fla. Dep't of Children & Families, 18 So.3d 1170, 1178 (Fla. 1st DCA 2009); T.O. v. L.S., 954 So.2d 737 (Fla. 1st DCA 2007); S.S. v. D.L., 944 So.2d 553, 557 (Fla. 4th DCA 2007).
discussed Cited "see" C.F., FATHER OF B.A.F. AND C.B.F., CHILDREN vs DEPARTMENT OF CHILDREN AND FAMILIES
Fla. Dist. Ct. App. · 2023 · signal: see · confidence high
See S.S. v. D.L., 944 So. 2d 553, 559 (Fla. 4th DCA 2007) (stating that “[t]he 8 issue in prospective neglect or abuse cases is whether future behavior . . . can be clearly and certainly predicted” and that “speculation is not a sufficient basis for terminating parent rights”).
cited Cited "see" A.W. v. Department of Children & Family Services
Fla. Dist. Ct. App. · 2007 · signal: see · confidence high
See S.S. v. D.L., 944 So.2d 553, 557 (Fla. 4th DCA 2007).
cited Cited "see" In Re AW, Jr.
Fla. Dist. Ct. App. · 2007 · signal: see · confidence high
See S.S. v. D.L., 944 So.2d 553, 557 (Fla. 4th DCA 2007).
discussed Cited "see" JC v. Department of Children and Families
Fla. Dist. Ct. App. · 2007 · signal: see · confidence high
See S.S. v. D.L., 944 So.2d 553, 557 (Fla. 4th DCA 2007)(explaining that DCF must "present clear and convincing evidence of a statutory ground for terminating and clear and convincing evidence that terminating parental rights is in the best interests of the child")(emphasis added).
AUTONATION, INC., Appellant,
v.
Vincent S. ARMIJO, Appellee.
4D06-3361.
District Court of Appeal of Florida, Fourth District.
Jan 3, 2007.
944 So. 2d 553
Per Curiam.
Published

Jon K. Stage, Paul R. Regensdorf and Eric K. Gabrielle of Stearns, Weaver, Miller, Weissler, Alhadeff & Sitterson, P.A., Fort Lauderdale, for appellant.

Scott M. Behren of Scott M. Behren, P.A., Weston, for appellee.

PER CURIAM.

Vincent S. Armijo filed a confession of error with this Court. In the confession of error, Armijo stipulates that the trial court applied an incorrect legal standard concerning the construction of covenants not to compete in entering the order which Autonation, Inc. appeals in this case. As such, Armijo agrees with Autonation that this case on appeal should be reversed and remanded for further proceedings consistent with this opinion. We accept this proper confession of error and reverse.

Reversed and Remanded.

GUNTHER, STONE and TAYLOR, JJ., concur.