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K.S. v. Dep't of Children & Families

DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT
Apr 23, 2019
271 So. 3d 1165 (Fla. Dist. Ct. App. 2019)

Opinion

Case No. 5D18-3209

04-23-2019

K.S., Mother of J.R., D.R. and B.-C.A., Children, Appellant/Cross-Appellee, v. DEPARTMENT OF CHILDREN AND FAMILIES, Appellee/Cross-Appellant.

K.S., Brooksville, Appellant/Cross-Appellee, pro se. Kelley Schaeffer, Appellate Counsel, Department of Children & Families, Children's Legal Services, Bradenton, for Appellee/Cross-Appellant. Thomasina F. Moore, Statewide Director of Appeals, and Sara Elizabeth Goldfarb, Senior Attorney, Appellate Division, Florida Statewide Guardian ad Litem Office, Tallahassee, for Guardian ad Litem.


K.S., Brooksville, Appellant/Cross-Appellee, pro se.

Kelley Schaeffer, Appellate Counsel, Department of Children & Families, Children's Legal Services, Bradenton, for Appellee/Cross-Appellant.

Thomasina F. Moore, Statewide Director of Appeals, and Sara Elizabeth Goldfarb, Senior Attorney, Appellate Division, Florida Statewide Guardian ad Litem Office, Tallahassee, for Guardian ad Litem.

PER CURIAM.

The mother, K.S., has filed a belated appeal of a final judgment of termination of parental rights. See, e.g. , In re E.H. , 609 So. 2d 1289, 1290–91 (Fla. 1992) (holding that mother was entitled to belated appeal due to ineffective assistance of counsel in failing to timely file notice of appeal). Because the record supports the trial court's finding that the Department of Children and Families proved, by clear and convincing evidence, all necessary elements for termination of parental rights, we affirm. See L.F. v. Dep't of Child. & Fams. , 888 So.2d 147, 148 (Fla. 5th DCA 2004) ("Where a trial court has found that there is clear and convincing evidence supporting a termination of parental rights, such findings enjoy a presumption of correctness and will not be overturned unless clearly erroneous and lacking evidentiary support.").

AFFIRMED.

Given our disposition of the mother's appeal, we find it unnecessary to address the issues raised on cross-appeal.
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EVANDER, C.J., WALLIS and HARRIS, JJ., concur.


Summaries of

K.S. v. Dep't of Children & Families

DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT
Apr 23, 2019
271 So. 3d 1165 (Fla. Dist. Ct. App. 2019)
Case details for

K.S. v. Dep't of Children & Families

Case Details

Full title:K.S., MOTHER OF J.R., D.R. AND B.-C.A., CHILDREN…

Court:DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT

Date published: Apr 23, 2019

Citations

271 So. 3d 1165 (Fla. Dist. Ct. App. 2019)