Opinion
Nos. 98-663, 98-499.
October 14, 1998. Rehearing Denied November 24, 1998.
Appeals from a non-final order and a final order from the Circuit Court for Dade County; Cindy Lederman and Jeri B. Cohen, Judges.
Darrin McGillis, in proper person.
Hayden and Milliken and David M. Scott, and Robin Greene, Miami, for appellee.
Before NESBITT, SHEVIN and SORONDO, JJ.
We affirm the order denying Mr. McGillis' motion to intervene as a party in a termination and dependency proceeding as he does not fall within the parameters of section 39.01(39), Florida Statutes (1997). See also J.L. v. G.M., 687 So.2d 977 (Fla. 4th DCA 1997) (Fla.R.Juv.P. 8.210(a) limits parties in juvenile proceeding). We note that the trial court properly recognized Mr. McGillis as a "participant," granting him the right to receive notice and to be heard in the proceeding. § 39.01(38), Fla. Stat. (1997).
We dismiss as moot the separate appeal from the order terminating visitation, case no. 98-499, because the trial court has since reconsidered that ruling and accorded Mr. McGillis supervised visitation. Although we do not consider the correctness of the order on appeal, at oral argument, counsel for the Department of Children and Family Services conceded that Mr. McGillis should have been notified of the emergency hearing.
Accordingly, we affirm the order denying the motion to intervene; and we dismiss as moot case number 98-499.