Florida Statutes

Fla. Stat. § 39.815 (2025)

Appeal.

✓ 2025 Florida Statutes — current through the 2025 Regular Session

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39.815 Appeal.—

(1) Any 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 may appeal to the appropriate district court of appeal within the time and in the manner prescribed by the Florida Rules of Appellate Procedure. The district court of appeal shall give an appeal from an order terminating parental rights priority in docketing and shall render a decision on the appeal as expeditiously as possible. Appointed counsel shall be compensated as provided in s. 27.5304(6).

(2) An attorney for the department shall represent the state upon appeal. When a notice of appeal is filed in the circuit court, the clerk shall notify the attorney for the department, the attorney for the parent, the guardian ad litem, and the attorney ad litem for the child, if one is appointed.

(3) The taking of an appeal does not operate as a supersedeas in any case unless the court so orders. However, a termination of parental rights order with placement of the child with a licensed child-placing agency or the department for subsequent adoption is suspended while the appeal is pending, but the child shall continue in an out-of-home placement under the order until the appeal is decided.

(4) The case on appeal must be docketed and any papers filed in the appellate court must be titled with the initials, but not the name, of the child and the court case number, and the papers must remain sealed in the office of the clerk of the appellate court when not in use by the appellate court and may not be open to public inspection. The decision of the appellate court must be likewise titled and may 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, must 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. 9, ch. 87-289; s. 22, ch. 90-306; s. 1, ch. 90-309; s. 15, ch. 92-170; s. 42, ch. 94-164; s. 97, ch. 98-403; s. 50, ch. 99-193; s. 59, ch. 2003-402; s. 22, ch. 2007-62; s. 28, ch. 2024-70.

Note.—Former s. 39.473.

Notes of Decisions

Cited in 19 cases, 1998–2020 · leading case: J.B., Etc. v. Florida Dep't of Child. & Families, 170 So. 3d 780 (Fla. 2015).

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J.B., Etc. v. Florida Dep't of Child. & Families, 170 So. 3d 780 (Fla. 2015). · cites it 3× “815(1), Florida Statutes (2007), already requires that the district courts “shall give an appeal from an order terminating parental rights priority in docketing” and further requires that they “shall render a decision on the appeal as expeditiously as possible.” And Florida Rule…”

N.S.H. v. Florida Dep't of Child. & Fam. Servs., 843 So. 2d 898 (Fla. 2003). · cites it 3× “” § 39.815(1), Fla. Stat. (2001). See also Fla.”

AW v. Dep't of Child. & Families, 969 So. 2d 496 (Fla. 1st DCA 2007). · cites it 2× “We have jurisdiction to review this ruling pursuant to section 39.815, Florida Statutes (2006). We affirm the termination order in all respects, but we write to explain that Appellant's purported substantial compliance with her case plan was merely technical, at most, and in no…”

Ek v. Dep't of Child. & Fam., 948 So. 2d 54 (Fla. 3d DCA 2007). · cites it 2× “We have jurisdiction, section 39.815, Florida Statutes (2004); Florida Rules of Appellate Procedure 9.”

In Re Amendments to Florida Rules of Juv. Procedure, 939 So. 2d 74 (Fla. 2006). · cites it 2× “_____________________ 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…”

CM v. Dep't of Child. & Families, 981 So. 2d 1272 (Fla. 3d DCA 2008). “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.”

W.G. v. Dep't of Child. & Fam. Servs., 944 So. 2d 443 (Fla. 2d DCA 2006). · cites it 5× “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.”

Nsh v. Florida Dcfs, 843 So. 2d 898 (Fla. 2003). · cites it 3× “" § 39.815(1), Fla. Stat. (2001). See also Fla.”

D.K.B. v. Dep't of Child. & Fam. Servs., 890 So. 2d 1288 (Fla. 2d DCA 2005). “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.”

In Re Amendments to the Florida Rules of Jud. Admin., 24 So. 3d 47 (Fla. 2009). · cites it 8× “________________________ 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…”

Rh v. Dept. of Child. & Fam. Servs., 994 So. 2d 1153 (Fla. 3d DCA 2008). · cites it 2× “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.”

Dep't of Child. & Fam. Servs. v. G.S.C., 812 So. 2d 509 (Fla. 2d DCA 2002). · cites it 5× “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.”

Show all 19 citing cases →

— 39.815(1) — 7 cases

J.B., Etc. v. Florida Dep't of Child. & Families, 170 So. 3d 780 (Fla. 2015). “815(1), Florida Statutes (2007), already requires that the district courts “shall give an appeal from an order terminating parental rights priority in docketing” and further requires that they “shall render a decision on the appeal as expeditiously as possible.” And Florida Rule…”

N.S.H. v. Florida Dep't of Child. & Fam. Servs., 843 So. 2d 898 (Fla. 2003). “” § 39.815(1), Fla. Stat. (2001). See also Fla.”

W.G. v. Dep't of Child. & Fam. Servs., 944 So. 2d 443 (Fla. 2d DCA 2006). “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.”

Nsh v. Florida Dcfs, 843 So. 2d 898 (Fla. 2003). “" § 39.815(1), Fla. Stat. (2001). See also Fla.”

— 39.815(3) — 2 cases

Dep't of Child. & Fam. Servs. v. G.S.C., 812 So. 2d 509 (Fla. 2d DCA 2002). “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.”

In Re Mad, 812 So. 2d 509 (Fla. 2d DCA 2002).

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