J.J. v. Dept. of Children Families

Full title: J.J., father of S.J., a child, Appellant, v. DEPARTMENT OF CHILDREN…

Court: District Court of Appeal of Florida, First District

Date published: Aug 2, 2002

823 So. 2d 235 (Fla. Dist. Ct. App. 2002)

Opinion

Case No. 1D02-1488

Opinion filed August 2, 2002.

An appeal from an order of the Circuit Court for Duval County. Linda F. McCallum, Judge.

Connie Renee Clay, Jacksonville, for appellant.

Michael J. Kapperman, Assistant General Counsel, Department of Children and Families, Jacksonville, for appellee.

PER CURIAM.

Appellant seeks review of an order which found that his children are dependent. A default was entered against him in the trial court when he failed to respond to the petition or make an appearance. On appeal, he argues that entry of a default was error. He is an inmate in an institution operated by the Florida Department of Corrections. No arrangements were made for appellant to make either a telephonic or a personal appearance at the hearing.

The appellee has notified this court that it does not intend to file an answer brief, and it requests a remand to the trial court. Accordingly, we reverse the order on appeal and remand the cause for further proceedings.

REVERSED AND REMANDED.

BARFIELD, MINER and POLSTON, JJ., concur.