Opinion
3D21-2044
02-09-2022
J.B., The Father, Appellant, v. Department of Children and Families, et al., Appellees.
Thomas Butler, P.A., and Thomas J. Butler, for appellant. Karla Perkins, for appellee Department of Children and Families; Sara E. Goldfarb, Statewide Director of Appeals, and Laura J. Lee, Assistant Director of Appeals (Tallahassee); KCB Law, PLLC, and Khairiya C. Bryant (Orlando), for appellee Guardian ad Litem.
Not final until disposition of timely filed motion for rehearing.
An Appeal from the Circuit Court for Miami-Dade County Lower Tribunal No. 05-15686, Angelica D. Zayas, Judge.
Thomas Butler, P.A., and Thomas J. Butler, for appellant.
Karla Perkins, for appellee Department of Children and Families; Sara E. Goldfarb, Statewide Director of Appeals, and Laura J. Lee, Assistant Director of Appeals (Tallahassee); KCB Law, PLLC, and Khairiya C. Bryant (Orlando), for appellee Guardian ad Litem.
Before LOGUE, SCALES and GORDO, JJ.
PER CURIAM. 1
Affirmed. See Fla. Dep't of Child. & Families v. A.R., 253 So.3d 1158, 1164 (Fla. 3d DCA 2018) ("Appellate review of a termination of parental rights case is 'highly deferential. . . . a finding that evidence is clear and convincing enjoys a presumption of correctness and will not be overturned on appeal unless clearly erroneous or lacking in evidentiary support.'" (quoting C.G. v. Dep't of Child. & Families, 67 So.3d 1141, 1143 (Fla. 3d DCA 2011))); J.E. v. Dep't of Child. & Families, 126 So.3d 424, 427 (Fla. 4th DCA 2013) ("While a trial court's decision to terminate parental rights must be based on clear and convincing evidence, our review is limited to whether competent substantial evidence supports the trial court's judgment."); T.J. v. E.W.R., 721 So.2d 723, 725 (Fla. 1998) (holding that incarceration may be a factor, when considered with other factors in evidence, when determining whether to terminate parental rights on the ground of abandonment). 2