Opinion
No. 94-1120.
October 24, 1994.
An Appeal from the Circuit Court for Jackson County. John E. Roberts; Judge.
Sharon L. Ray, Marianna, for appellant.
Brantley S. Clark, Jr., Sr. Atty., Dept. of Health and Rehabilitative Services, Marianna, for appellee.
We agree with appellant that the finding of neglect on the part of the father in the order of adjudication is not supported by a preponderance of the evidence in the record. On remand, the trial court should excise the finding that "[t]he evidence also was sufficient to prove by a preponderance of the evidence that [J.R.] neglected his children by allowing the children to live in that environment and failing to protect them from their mother's neglect." We otherwise affirm the order of adjudication. Finding no error in the order of disposition we also affirm that order.
MINER, LAWRENCE, and BENTON, JJ., concur.