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In re R.B

District Court of Appeal of Florida, Second District
May 6, 2009
6 So. 3d 736 (Fla. Dist. Ct. App. 2009)

Opinion

No. 2D08-2457.

May 6, 2009.

Appeal from the Circuit Court for Polk County; Randall G. McDonald, Judge.

David Maldonado of The Maldonado Law Firm, Lakeland, for Appellant.

Douglas B. Sherman, Bartow, for Appellee Department of Children and Family Services.

Wendy Michelle Cooper, Orlando, for Appellee Guardian ad Litem Program.


R.C. appeals an order placing his two daughters, T.C. and R.B., in a permanent guardianship and terminating the supervision of the Department of Children and Family Services. The Department correctly concedes error because the order failed to contain written findings as required by section 39.6221(2), Florida Statutes (2007).

Although R.C. characterizes the order appealed as terminating his parental rights, his parental rights were not terminated.

The Department also concedes that, even if the trial court's order complied with section 39.6221(2), the evidence was insufficient to support the placement of the children in a permanent guardianship. We agree. See C.A. v. Dep't of Children Families, 988 So.2d 1247, 1249 (Fla. 4th DCA 2008) (holding that trial court's finding must be supported by competent substantial evidence). Accordingly, we reverse the order placing the children in a permanent guardianship and remand for further proceedings.

Reversed and remanded.

ALTENBERND and CRENSHAW, JJ., Concur.


Summaries of

In re R.B

District Court of Appeal of Florida, Second District
May 6, 2009
6 So. 3d 736 (Fla. Dist. Ct. App. 2009)
Case details for

In re R.B

Case Details

Full title:In the Interest of R.B. and T.C., children. R.C., Appellant, v. Department…

Court:District Court of Appeal of Florida, Second District

Date published: May 6, 2009

Citations

6 So. 3d 736 (Fla. Dist. Ct. App. 2009)