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S.B. v. State

District Court of Appeal of Florida, Second District
Oct 25, 2000
775 So. 2d 356 (Fla. Dist. Ct. App. 2000)

Opinion

No. 2D00-1529

Opinion filed October 25, 2000.

Appeal from Circuit Court for the Sarasota County; Lee E. Haworth, Judge.

Jeffrey A. King, Sarasota, for Appellant.

William Byrne Isaacs, Port Charlotte, for Appellee.


S.B. challenges an order, which terminates her parental rights to her minor child, A.B. The State concedes error with respect to S.B.'s dispositive claim that she was not effectively served with a termination petition and notice of an advisory hearing. We reverse.

Pursuant to section 39.801(3)(a)(1), Florida Statutes (1999), and Florida Rule of Juvenile Procedure 8.505(a)(1), a parent in a termination proceeding must be personally served with a petition and notice of an advisory hearing. See M.E. v. Department of Children Family Servs., 728 So.2d 367, 368 (Fla. 3d DCA 1999); see also J.B. v. Department of Children Family Servs., No. 95,890 (Fla. Sept. 28, 2000) (stating that twenty-four hours' notice of advisory hearing is insufficient to satisfy minimum due process requirements). The record here shows that, contrary to the statute and the rule, S.B. was served only by certified mail and only with a termination petition. Service was thus invalid.

Therefore, since the State correctly concedes error in this instance, and since this issue is indeed dispositive, we reverse the order terminating S.B.'s parental rights to A.B. and do not otherwise address the remaining two issues S.B. has raised on this appeal.

Reversed and remanded.

PATTERSON, C.J., THREADGILL and BLUE., JJ., Concur.


Summaries of

S.B. v. State

District Court of Appeal of Florida, Second District
Oct 25, 2000
775 So. 2d 356 (Fla. Dist. Ct. App. 2000)
Case details for

S.B. v. State

Case Details

Full title:S.B., In the Interest of A.B., a child, Appellant, v. STATE OF FLORIDA…

Court:District Court of Appeal of Florida, Second District

Date published: Oct 25, 2000

Citations

775 So. 2d 356 (Fla. Dist. Ct. App. 2000)