S.C. v. Dept. of Children Families

Full title: S.C., MOTHER OF A.C. AND J.C., CHILDREN, Appellant v. DEPARTMENT OF…

Court: District Court of Appeal of Florida, Fifth District

Date published: May 17, 2002

816 So. 2d 816 (Fla. Dist. Ct. App. 2002)

Opinion

No. 5D01-3285.

May 17, 2002.

Appeal from the Circuit Court for Orange County, Renee A. Roche, Judge.

Ryan Thomas Truskoski of Ryan Thomas Truskoski, P.A., Orlando, for Appellant.

James A. Sawyer, Jr., Senior Attorney, Department of Children and Families, Kissimmee, for Appellee.

PER CURIAM.

S.M., referred to as S.C. by the parties in the record, appeals the trial court's order that granted long-term custody of A.C. and J.C., two of her minor children, to their paternal grandparents.

The order is dated October 9, 2001 and cites to "section 39.508(9)(a)5.a. (I)-(VIII), Florida Statutes (2000)," as authority for the action. That statute had been repealed and did not exist on October 9, 2001. Therefore, we vacate the "Order Establishing Long-Term Custodian Relationship" dated October 9, 2001 and remand for a new hearing.

Upon remand, the court shall review the current circumstances of the children and if reunification with the mother is unwarranted it may consider long-term custody pursuant to section 39.622, Florida Statutes (2001).

ORDER VACATED; REMANDED.

PETERSON, SAWAYA and ORFINGER, R. B., JJ., concur.