Florida Statute 39.510 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title V
JUDICIAL BRANCH

Chapter 39
PROCEEDINGS RELATING TO CHILDREN

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F.S. 39.510

39.510 Appeal.—

(1) Any 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 within the time and in the manner prescribed by the Florida Rules of Appellate Procedure. Appointed counsel shall be compensated as provided in this chapter.

(2) When the notice of appeal is filed in the circuit court by a party other than the department, an attorney for the department shall represent the state and the court upon appeal and shall be notified of the appeal by the clerk.

(3) The taking of an appeal shall not operate as a supersedeas in any case unless pursuant to an order of the court, except that a permanent order of commitment to a licensed child-placing agency or the department for subsequent adoption shall be suspended while the appeal is pending, but the child shall continue in custody under the order until the appeal is decided.

(4) The case on appeal shall be docketed, and any papers filed in the appellate court shall be entitled, with the initials but not the name of the child and the court case number, and the papers shall remain sealed in the office of the clerk of the appellate court when not in use by the appellate court and shall not be open to public inspection. The decision of the appellate court shall be likewise entitled and shall refer to the child only by initials and court case number.

(5) The original order of the appellate court, with all papers filed in the case on appeal, shall remain in the office of the clerk of the appellate court, sealed and not open to inspection except by order of the appellate court. The clerk of the appellate court shall return to the circuit court all papers transmitted to the appellate court from the circuit court, together with a certified copy of the order of the appellate court.

History.—s. 20, ch. 78-414; s. 11, ch. 84-311; s. 9, ch. 90-306; s. 8, ch. 92-170; s. 72, ch. 98-403; s. 34, ch. 99-193.

Note.—Former s. 39.413.

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Amendments to 39.510

Arrestable Offenses / Crimes under Fla. Stat. 39.510

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 39.510.

Annotations, Discussions, Cases:

Cases Citing Statute 39.510

Total Results: 10

Department of Children and Families v. S.A.E. Mother of A.A.A.-E.

Court: District Court of Appeal of Florida | Date Filed: 2016-02-04

Citation: 184 So. 3d 615, 2016 WL 381338

Snippet: dependency based on undisputed facts. See § 39.510, Fla. Stat. A petitioner’s admitted intent

In the Interest Of: B.R.C.M.

Court: District Court of Appeal of Florida | Date Filed: 2015-12-30

Citation: 182 So. 3d 749, 2015 Fla. App. LEXIS 19470

Snippet: of Chapter 39 of the Florida Statutes, §§ 39.501-39.510, Fla. Stat. (2015), is not to facilitate the pursuit

City of Plant City v. Department of Children & Family Services

Court: District Court of Appeal of Florida | Date Filed: 2012-11-28

Citation: 101 So. 3d 407, 2012 Fla. App. LEXIS 20327, 2012 WL 5935665

Snippet: standing to bring this appeal. It is true that section 39.510(1) purports to limit appellate standing in dependency

C.V. v. Department of Children & Family Services

Court: District Court of Appeal of Florida | Date Filed: 2009-06-10

Citation: 19 So. 3d 381, 2009 Fla. App. LEXIS 7256

Snippet: dependency is appealable as a final order. See § 39.510, Fla. Stat. (2007); A.G. v. Dep’t of Children &

In Re Mv-B.

Court: District Court of Appeal of Florida | Date Filed: 2009-06-10

Citation: 19 So. 3d 381, 2009 WL 1606545

Snippet: dependency is appealable as a final order. See § 39.510, Fla. Stat. (2007); A.G. v. Dep't of Children &

D.M. v. Department of Children & Families

Court: District Court of Appeal of Florida | Date Filed: 2008-03-26

Citation: 978 So. 2d 211, 2008 Fla. App. LEXIS 4339

Snippet: these rules. Fla. R. App. P. 9.146(b).3 Section 39.510(1) provides that “[a]ny party to the proceeding

In Re KM

Court: District Court of Appeal of Florida | Date Filed: 2008-03-26

Citation: 978 So. 2d 211, 2008 WL 783291

Snippet: these rules. Fla. R. App. P. 9.146(b).[3] Section 39.510(1) provides that "[a]ny party to the proceeding

D.K.B. v. Department of Children & Family Services

Court: District Court of Appeal of Florida | Date Filed: 2005-01-21

Citation: 890 So. 2d 1288, 2005 Fla. App. LEXIS 354

Snippet: referred to the right to appeal “an order.” See §§ 39.510(1) (relating to dependency proceedings), .815,

In Re RB

Court: District Court of Appeal of Florida | Date Filed: 2005-01-21

Citation: 890 So. 2d 1288, 2005 WL 120499

Snippet: referred to the right to appeal "an order." See §§ 39.510(1) (relating to dependency proceedings),.815, Fla

Vp as Father of Tp v. Dept. of Children & Families

Court: District Court of Appeal of Florida | Date Filed: 1999-12-23

Citation: 746 So. 2d 590, 1999 Fla. App. LEXIS 17616, 1999 WL 1267297

Snippet: PETERSON and GRIFFIN, JJ. concur. NOTES [1] See § 39.510(1), Fla. Stat. See also Fla. R.App. P. 9.040(c)