CopyCited 20 times | Published | Supreme Court of Florida
...While the appellee raises the specter of children endlessly awaiting ultimate disposition as to their custody, Florida statutory law and procedural rules safeguard against any excessive delay caused by Anders -type protections in the district courts. Section 39.815(1) of the Florida Statutes mandates that district courts of appeal give "an appeal from an order terminating parental rights priority in docketing" and requires a decision to be rendered "on the appeal as expeditiously as possible." § 39.815(1), Fla....
CopyCited 8 times | Published | Supreme Court of Florida | 28 Fla. L. Weekly Supp. 284, 2003 Fla. LEXIS 466
Anders-type protections in the district courts. Section
39.815(1) of the Florida Statutes mandates that district
CopyCited 7 times | Published | Florida 1st District Court of Appeal | 2007 WL 4105543
...(Appellant) appeals a final order terminating her parental rights to B.W., her five-year-old daughter, in which the trial court found clear and convincing evidence that satisfied the requirements for termination under section
39.806(1), Florida Statutes (2006). We have jurisdiction to review this ruling pursuant to section
39.815, Florida Statutes (2006)....
CopyCited 7 times | Published | Florida 1st District Court of Appeal | 2008 WL 2116262
...The Guardian ad Litem Program, joined by the Department, moved to dismiss this appeal for lack of standing. Because we agree that the appellants were not parties to the proceedings below, see §
39.01(50), Florida Statutes (2007), they lack standing to bring this appeal, see §
39.815(1), Florida Statutes (2007), and we must grant the motion and dismiss the appeal....
CopyCited 6 times | Published | Florida 2nd District Court of Appeal | 2005 WL 120499
...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....
CopyCited 4 times | Published | Florida 3rd District Court of Appeal | 2007 Fla. App. LEXIS 183, 2007 WL 57571
...Calianne P. Lantz, Assistant District Legal Counsel, for appellee. Before GREEN, RAMIREZ, and SHEPHERD, JJ. SHEPHERD, J. This is an appeal from a trial court order finding a minor child, E.K., dependent as to the father, E.J.K. We have jurisdiction, section 39.815, Florida Statutes (2004); Florida Rules of Appellate Procedure 9.146(b); K.S....
CopyCited 3 times | Published | Supreme Court of Florida | 2006 Fla. LEXIS 2210, 2006 WL 2690230
...The 30-day permanency plan required by section
39.811(8), Florida Statutes, shall be filed and heard at .....(time)..... on .....(date)..... in .....(location)...... DONE AND ORDERED on .....(date)....., in .....(city and county)....., Florida. _____________________ Circuit Judge NOTICE Under section
39.815, Florida Statutes, any child, any parent, guardian ad litem, or legal custodian of any child, 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...
CopyPublished | Supreme Court of Florida | 23 Fla. L. Weekly Supp. 493, 1998 Fla. LEXIS 1812, 1998 WL 646859
...(agency) .for the purpose of subsequent adoption. 4. The 30-day permanency plan required by section
39.811(8), Florida Statutes, shall be filed and heard at. (time). on . (date). in . (location). DONE AND ORDERED on . (date). , in . (city and county) ., Florida. *356 Circuit Judge NOTICE Under section
39.815, Florida Statutes, any child, any parent, guardian ad litem, or legal custodian of any child, 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...
...A hearing for the department to provide a plan for permanency for the children) shall be held on.(date).. within 30 days of rendering of order, at . (time). DONE AND ORDERED on . (date)., in-County, Florida. Circuit Judge Copies furnished to: NOTICE Under section 39.815, Florida Statutes, any child, any parent, guardian ad litem, or legal custodian of any child, 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...
CopyPublished | Florida 2nd District Court of Appeal | 2006 Fla. App. LEXIS 19297
...SOME SPECIAL FEATURES OF APPEALS IN JUVENILE DEPENDENCY AND TPR CASES The district courts of appeal are required by statute to give an appeal from an order terminating parental rights priority in docketing and to render a decision of *447 the appeal as expeditiously as possible. § 39.815(1), Fla. Stat. (2005). Florida Rule of Appellate Procedure 9.146(g) requires the appellate courts to expedite appeals in both juvenile dependency and TPR cases. The rule fulfills the statutory mandate of section 39.815(1)....
...hem of the special time requirements that apply to these cases. In pertinent part, this notice states: This is a dependency appeal or one involving termination of parental rights, notice of appeal dated [date to be inserted here], which, pursuant to section 39.815(1), Florida Statutes (2005), and Florida Rule of Appellate Procedure 9.146(g), is given priority in docketing and will be decided expeditiously....
CopyPublished | Florida 2nd District Court of Appeal | 2006 WL 3328394
...SOME SPECIAL FEATURES OF APPEALS IN JUVENILE DEPENDENCY AND TPR CASES The district courts of appeal are required by statute to give an appeal from an order terminating parental rights priority in docketing and to render a decision of *447 the appeal as expeditiously as possible. § 39.815(1), Fla. Stat. (2005). Florida Rule of Appellate Procedure 9.146(g) requires the appellate courts to expedite appeals in both juvenile dependency and TPR cases. The rule fulfills the statutory mandate of section 39.815(1)....
...hem of the special time requirements that apply to these cases. In pertinent part, this notice states: This is a dependency appeal or one involving termination of parental rights, notice of appeal dated [date to be inserted here], which, pursuant to section 39.815(1), Florida Statutes (2005), and Florida Rule of Appellate Procedure 9.146(g), is given priority in docketing and will be decided expeditiously....
CopyPublished | Supreme Court of Florida | 34 Fla. L. Weekly Supp. 609, 2009 Fla. LEXIS 1921, 2009 WL 3763128
...The 30-day permanency plan required by section
39.811(8), Florida Statutes, shall be filed and heard at.....(time)..... on .....(date)..... in.....(location)...... DONE AND ORDERED on.....(date)....., in .....(city and county)....., Florida. ________________________ Circuit Judge NOTICE Under section
39.815, Florida Statutes, any child, any parent, guardian ad litem, or legal custodian of any child, 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...
...all be held on.....(date)....., within 30 days of rendering of order, at .....(time)...... DONE AND ORDERED on.....(date) ....., in .......... County, Florida. _____________________ Circuit Judge Copies furnished to:.................... NOTICE Under section 39.815, Florida Statutes, any child, any parent, guardian ad litem, or legal custodian of any child, 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...
CopyPublished | Supreme Court of Florida | 42 Fla. L. Weekly Supp. 357, 2017 WL 1090564, 2017 Fla. LEXIS 654
county)-^., Florida. Circuit Judge NOTICE Under section
39.815, Florida Statutes, any child, any parent, guardian
CopyPublished | Florida 2nd District Court of Appeal | 2002 Fla. App. LEXIS 3584
...then filed her emergency motion for relief from stay with this court. Two rules and a statute address the effect that a notice of appeal of an order concerning termination of parental rights has on the placement of the children who are the subject of the order. Florida Rule of Appellate Procedure 9.146(c)(2) and section 39.815(3), Florida Statutes (2001), both provide that an appeal of a termination order does not operate as a stay unless the order directs that a child be placed for subsequent adoption....
...39 were enacted by the Florida Legislature. Amendments to the Florida Rules of Juvenile Procedure,
753 So.2d 1214, 1214 (Fla.1999). The appendix to the opinion adopting the amendments indicates that rule 8.275(a) was necessitated by the enactment of section
39.815(3). Id. at 1215 . Consequently, rule 8.275(a) should be read in accord with section
39.815(3) as providing for an automatic stay in a termination case when the court has terminated parental rights and directed that the child be placed for subsequent adoption....
...l in this court under Florida Rule of Appellate Procedure 9.310(f). Thus, the absence of an automatic stay provision does not give the trial court unfettered discretion concerning placement of the children. In summary, we find that rule 9.146(c)(2), section 39.815(3), and rule 8.275(a) provide that orders granting termination of parental rights and directing that the child be placed for adoption are stayed by the filing of a notice of appeal....
CopyPublished | Florida 2nd District Court of Appeal | 2002 WL 429071
...then filed her emergency motion for relief from stay with this court. Two rules and a statute address the effect that a notice of appeal of an order concerning termination of parental rights has on the placement of the children who are the subject of the order. Florida Rule of Appellate Procedure 9.146(c)(2) and section 39.815(3), Florida Statutes (2001), both provide that an appeal of a termination order does not operate as a stay unless the order directs that a child be placed for subsequent adoption....
...39 were enacted by the Florida Legislature. Amendments to the Florida Rules of Juvenile Procedure,
753 So.2d 1214, 1214 (Fla.1999). The appendix to the opinion adopting the amendments indicates that rule 8.275(a) was necessitated by the enactment of section
39.815(3). Id. at 1215. Consequently, rule 8.275(a) should be read in accord with section
39.815(3) as providing for an automatic stay in a termination case when the court has terminated parental rights and directed that the child be placed for subsequent adoption....
...l in this court under Florida Rule of Appellate Procedure 9.310(f). Thus, the absence of an automatic stay provision does not give the trial court unfettered discretion concerning placement of the children. In summary, we find that rule 9.146(c)(2), section 39.815(3), and rule 8.275(a) provide that orders granting termination of parental rights and directing that the child be placed for adoption are stayed by the filing of a notice of appeal....
CopyPublished | Florida 3rd District Court of Appeal | 2008 WL 2811785
...(2007) (limiting the definition of a "party" under Chapter 39 to "the parent or parents of the child, the petitioner, the department, the guardian ad litem or the representative of the guardian ad litem program when the program has been appointed, and the child"). Section 39.815(1), Florida Statutes (2007), limits appeals after the termination of parental rights to "[a]ny child, any parent or guardian ad litem of any child, any other party to the proceeding who is affected by an order of the court, or the department...." Appellants R.H....
CopyPublished | Supreme Court of Florida
...on .....(date)..... in .....(location)......
DONE AND ORDERED on .....(date)....., in .....(city and county)....., Florida.
Circuit Judge
NOTICE
Under section 39.815, Florida Statutes, any child, any parent, guardian ad litem, or legal
custodian of any child, 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...
...DONE AND ORDERED on .....(date)....., in .......... County, Florida.
- 61 -
Circuit Judge
Copies to:
NOTICE
Under section 39.815, Florida Statutes, any child, any parent, guardian ad litem, or legal
custodian of any child, 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...
CopyPublished | Florida 2nd District Court of Appeal | 2005 Fla. App. LEXIS 354
...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....
