Florida Statute 39.510 - Full Text and Legal Analysis

The 2025 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

Annotations, Discussions, Cases:

Cases Citing Statute 39.510

Total Results: 9

In Re RB

890 So. 2d 1288, 2005 WL 120499

District Court of Appeal of Florida | Filed: Jan 21, 2005 | Docket: 1291793

Cited 6 times | Published

(1968). Nothing in the legislative history of section 39.510(1) or section 39.815 suggests that the legislature

In Re Mv-B.

19 So. 3d 381, 2009 WL 1606545

District Court of Appeal of Florida | Filed: Jun 10, 2009 | Docket: 1164706

Cited 4 times | Published

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

In Re KM

978 So. 2d 211, 2008 WL 783291

District Court of Appeal of Florida | Filed: Mar 26, 2008 | Docket: 1508774

Cited 4 times | Published

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

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

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

District Court of Appeal of Florida | Filed: Nov 28, 2012 | Docket: 60226309

Cited 1 times | Published

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

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

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

District Court of Appeal of Florida | Filed: Jun 10, 2009 | Docket: 60254606

Cited 1 times | Published

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

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

184 So. 3d 615, 2016 WL 381338

District Court of Appeal of Florida | Filed: Feb 4, 2016 | Docket: 3033832

Published

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

D.M. v. Department of Children & Families

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

District Court of Appeal of Florida | Filed: Mar 26, 2008 | Docket: 64854388

Published

by 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

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

District Court of Appeal of Florida | Filed: Jan 21, 2005 | Docket: 64835426

Published

(1968). Nothing in the legislative history of section 39.510(1) or section 39.815 suggests that the legislature

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

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

District Court of Appeal of Florida | Filed: Dec 23, 1999 | Docket: 2546956

Published

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