Florida/Georgia Personal Injury & Workers Compensation

...1998) (termination and disposition orders are both appealable). Thus, when the legislature enacted statutes regulating appeals in dependency and termination proceedings, it did not refer to the right to appeal a final order, but merely referred to the right to appeal "an order." See §§ 39.510(1) (relating to dependency proceedings),.815, Fla....

...The legislature of course, is not permitted to create nonfinal appeals. The Florida Constitution specifies that only the supreme court can create jurisdiction for interlocutory appeals in the district courts. See Art. V, § 4(b)(1), Fla. Const. (1968). Nothing in the legislative history of section 39.510(1) or section 39.815 suggests that the legislature was attempting to create a right of interlocutory appeal in violation of the Florida Constitution....

...her party to the proceeding affected by an order of the lower tribunal, or the appropriate state agency as provided by law may appeal to the appropriate court within the time and in the manner prescribed by these rules. Fla. R. App. P. 9.146(b). [3] Section 39.510(1) provides that "[a]ny party to the proceeding who is affected by *213 an order of the court, or the [D]epartment [of Children and Families] may appeal to the appropriate district court of appeal within the time and in the manner pres...

...Rather, a legal custodian is included under the rubric of "participant," which is a status separate from that of "party." See § 39.01(49) (defining "participant"). "Participants" are not included in the list of entities that may appeal a dependency action. § 39.510(1). On its face, rule 9.146(b) contradicts section 39.510(1), which does not list "legal custodian" as an entity that may appeal and provides for appeals only by "any party." Furthermore, the phrase "any other party" in rule 9.146(b) implies that legal custodians are a specific category of pa...

...any other party to the proceeding who is affected by an order of the court, or the department may appeal to the appropriate district court of appeal. . . ." § 39.413, Fla. Stat. (1995) (emphasis added). This provision was amended and renumbered as section 39.510 and then further amended to delete "legal custodian." See ch. 98-403, § 72, Laws of Fla. (renumbering section 39.413 as section 39.510; effective October 1, 1998); ch. 99-193, § 34, Laws of Fla. (amending section 39.510 from "Any child, parent, guardian ad litem, caregiver, or legal custodian of any child, any other party to the proceeding who is affected by an order of the court ....

...ipant" in section 39.01). Because "[a] statute conferring a right to appeal upon a litigant relates to a substantive, rather than a procedural right," State v. Kelley, 588 So.2d 595, 597 (Fla. 1st *214 DCA 1991) (citations omitted), we conclude that section 39.510(1) supersedes rule 9.146(b) such that the grandmother does not have standing to appeal the order of the trial court placing K.M....

...rari. See D.K.B. v. Dep't of Children & Family Servs., 890 So.2d 1288 (Fla. 2d DCA 2005). A dependency proceeding, however, is procedurally distinct from a termination proceeding. The order adjudicating dependency is appealable as a final order. See § 39.510, Fla. Stat. (2007); A.G. v. Dep't of Children & Family Servs., 731 So.2d 1260, 1262 (Fla.1999); G.L.S. v. Dep't of Children & Families, 724 So.2d 1181, 1182 (Fla.1998). Section 39.510 allows a party who is affected by "an order of the court" to appeal the order....

...Certainly, the City has a legitimate, appropriate interest in discovering facts that will permit it to assess the damages claimed against it, for purposes of either defending itself or engaging in settlement negotiations. J.B. and the Department argue that the City does not have standing to bring this appeal. It is true that section 39.510(1) purports to limit appellate standing in dependency actions. This statute provides that an appeal may only be brought by the Department and by “[a]ny party to the proceeding who is affected by an order of the court.” § 39.510(1) (emphasis added). See D.M. v. Dep’t of Children & Families, 978 So.2d 211, 213-14 (Fla. 2d DCA 2008) (noting that section 39.510(1) limited standing to appeal final orders by a dependency court and superseded Florida Rule of Appellate Procedure 9.146(b), which appeared to grant standing to a larger class based on an earlier version of the statute)....

...2d DCA 2007) (holding that statute could not grant jurisdiction to dis *411 trict courts of appeal over nonfinal arbitration order because the Florida Constitution reserved to the Florida Supreme Court the power to define the interlocutory jurisdiction of district courts). Thus, despite the apparent limitation in section 39.510, we conclude that we have jurisdiction to consider the City’s appeal of this final order....

...See D.K.B. v. Dep’t of Children & Family Servs., 890 So.2d 1288 (Fla. 2d DCA 2005). A dependency proceeding, however, is procedurally distinct from a termination proceeding. The order adjudicating dependency is appealable as a final order. See § 39.510, Fla. Stat. (2007); A.G. v. Dep’t of Children & Family Servs., 731 So.2d 1260, 1262 (Fla.1999); G.L.S. v. Dep’t of Children & Families, 724 So.2d 1181, 1182 (Fla.1998). Section 39.510 allows a party who is affected by “an order of the court” to appeal the order....

...other party to the proceeding affected by an order of the lower tribunal, or the appropriate state agency as provided by law may appeal to the appropriate court within the time and in the manner prescribed by these rules. Fla. R. App. P. 9.146(b). 3 Section 39.510(1) provides that “[a]ny party to the proceeding who is affected by *213 an order of the court, or the [Department [of Children and Families] may appeal to the appropriate district court of appeal within the time and in the manner pre...

...Rather, a legal custodian is included under the rubric of “participant,” which is a status separate from that of “party.” See § 39.01(49) (defining “participant”). “Participants” are not included in the list of entities that may appeal a dependency action. § 39.510(1). On its face, rule 9.146(b) contradicts section 39.510(1), which does not list “legal custodian” as an entity that may appeal and provides for appeals only by “any party.” Furthermore, the phrase “any other party” in rule 9.146(b) implies that legal custodians are a specific ca...

...ny other party to the proceeding who is affected by an order of the court, or the department may appeal to the appropriate district court of appeal. ...” § 39.413, Fla. Stat. (1995) (em, phasis added). This provision was amended and renumbered as section 39.510 and then further amended to delete “legal custodian.” See ch. 98-403, § 72, Laws of Fla. (renumbering section 39.413 as section 39.510; effective October 1, 1998); ch. 99-193, § 34, Laws of Fla. (amending section 39.510 from “Any child, parent, guardian ad litem, caregiver, or legal custodian of any child, any other party to the proceeding who is affected by an order of the court ......

...�� in section 39.01). Because “[a] statute conferring a right to appeal upon a litigant relates to a substantive, rather than a procedural right,” State v. Kelley, 588 So.2d 595, 597 (Fla. 1st *214 DCA 1991) (citations omitted), we conclude that section 39.510(1) supersedes rule 9.146(b) such that the grandmother does not have standing to appeal the order of the trial court placing K.M....

...1998) (termination and disposition orders are both appealable). Thus, when the legislature enacted statutes regulating appeals in dependency and termination proceedings, it did not refer to the right to appeal a final order, but merely referred to the right to appeal “an order.” See §§ 39.510(1) (relating to dependency proceedings), .815, Fla....

...The legislature, of course, is not permitted to create nonfinal appeals. The Florida Constitution specifies that only the. supreme court can create jurisdiction for interlocutory appeals in the district courts. See Art. V, § 4(b)(1), Fla. Const. (1968). Nothing in the legislative history of section 39.510(1) or section 39.815 suggests that the legislature was attempting to create a right of interlocutory appeal in violation of the Florida Constitution....

...This standard of review applies where the petitioners unsuccessfully appeal denials of their petitions, as in In re B.Y.G.M. and In re K.B.L.V., and where, as here, DCF appeals the trial court’s adjudication of dependency based on undisputed facts. See § 39.510, Fla....

...would endanger the safety, well-being, or physical, mental, or emotional health of the child, the court should order temporary placement of T.P. with the natural father. REMANDED FOR FURTHER PROCEEDINGS. COBB, PETERSON and GRIFFIN, JJ. concur. NOTES [1] See § 39.510(1), Fla....