S.M. v. DPT CHLD

Full title: S.M., the Maternal Grandmother, Appellant, v. DPT CHLD AND FAMILIES…

Court: District Court of Appeal of Florida, Fourth District

Date published: May 12, 2010

33 So. 3d 837 (Fla. Dist. Ct. App. 2010)

Opinion

No. 4D10-838.

May 12, 2010.

Appeal from the Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County; Karen L. Martin, Judge; L.T. Case No. 2006DP300601JO.

Matthew J. Xoinis of Matthew J. Xoinis, P.A., North Palm Beach, for appellant.

Jeffrey Dana Gillen, West Palm Beach, for appellee Department of Children and Families.

Hillary Kambour, Orlando, for appellee Guardian ad Litem Program.

James Walsh, West Palm Beach, for appellee Foster Children's Project.

Karen Martin, West Palm Beach, for the Mother.

ON MOTION TO DISMISS

PER CURIAM.

This court hereby holds that the maternal grandmother in the present case is not a party, and thus, has no standing to bring the instant appeal. §§ 39.01(51), 39.501(1), 39.815(1), Fla. Stat. (2009). E.g., In re KM., 978 So.2d 211 (Fla. 2d DCA 2008). The grandmother's reliance on In re M.V.B., 19 So.3d 381 (Fla. 2d DCA 2009), is misplaced. Accordingly, the appeal is dismissed.

POLEN, DAMOORGIAN and GERBER, JJ., concur.