Opinion
3D23-1790
05-29-2024
A.B., The Father, Appellant, v. Department of Children and Families, et al., Appellees.
Law Offices of Peter S. Adrien, P.A., and Peter S. Adrien, for appellant. Karla Perkins, for appellee Department of Children and Families; Sara Elizabeth Goldfarb and Laura J. Lee (Tallahassee), for appellee Guardian ad Litem; Glass Law Office, P.A., and Lisa Paige Glass (Boca Raton), for appellees W.V. and D.B., Foster Parents.
Not final until disposition of timely filed motion for rehearing.
An Appeal from the Circuit Court for Miami-Dade County, Lower Tribunal No. 21-15038, Denise Martinez-Scanziani, Judge.
Law Offices of Peter S. Adrien, P.A., and Peter S. Adrien, for appellant.
Karla Perkins, for appellee Department of Children and Families; Sara Elizabeth Goldfarb and Laura J. Lee (Tallahassee), for appellee Guardian ad Litem; Glass Law Office, P.A., and Lisa Paige Glass (Boca Raton), for appellees W.V. and D.B., Foster Parents.
Before FERNANDEZ, GORDO and LOBREE, JJ.
PER CURIAM.
In this termination of parental rights case, the trial court rendered the Final Judgment of Termination of Parental Rights on August 25, 2023. On August 30, 2023, the trial court entered an Amended Final Judgment to correct three scrivener's errors. On September 29, 2023, Appellant filed a Notice of Appeal from the August 30, 2023 Amended Final Judgment. Accordingly, Appellant did not invoke this Court's jurisdiction because he did not file a timely notice of appeal from the original Final Judgment. See Bade v. Nationstar Mortg., LLC, 180 So.3d 163, 164 (Fla. 4th DCA 2015) (dismissing for lack of jurisdiction an appeal from an amended final judgment that "did not materially change the original final judgment" but "only corrected a scrivener's error"); Gold King Apts., LLC v. Dumornay, 190 So.3d 650, 650 (Fla. 3d DCA 2016) (dismissing appeal for lack of jurisdiction where there was no "material change" between the original and amended final judgments, and the notice of appeal was filed more than thirty days after the original final judgment's rendition). Accordingly, this appeal is dismissed for lack of jurisdiction. Dismissal is without prejudice to Appellant's right to seek a belated appeal by filing a petition for a writ of habeas corpus in the trial court. In the Interest of E.H., 609 So.2d 1289, 1290-91 (Fla. 1992) ("[I]n those limited situations when a parent is entitled to belated appeal, the petition for writ of habeas corpus is the proper procedural vehicle for seeking the appeal.... [T]he parent's petition for writ of habeas corpus should be filed with the trial court.").
Dismissed.