S.M. v. Dept. of Children Families

Full title: S.M., Mother of M.M. a Child, Petitioner, v. DEPARTMENT OF CHILDREN AND…

Court: District Court of Appeal of Florida, Fifth District

Date published: Jan 14, 2005

890 So. 2d 552 (Fla. Dist. Ct. App. 2005)

Opinion

No. 5D04-3440.

January 14, 2005.

Petition for Writ of Mandamus, James E. Henson, Respondent Judge.

Timothy A. Straus of Moyer, Straus Patel, P.A., Altamonte Springs, for Petitioner.

Charles D. Peters, Orlando, for Respondent.

PER CURIAM.

S.M. seeks this court to require the lower court to vacate an order entered in a dependency proceeding under which S.M.'s child was placed in emergency, temporary shelter. The sole issue is whether the lower court erred in denying S.M.'s request to present testimonial evidence from a witness who was neither a parent nor legal custodian of the child. We treat the petition as an appeal pursuant to Florida Rule of Appellate Procedure 9.146 and reverse. Fla.R.App.P. 9.040(c). In doing so, we adopt the holding and analysis of the Second District in G.P. v. Family Continuity Program, 875 So.2d 715 (Fla. 2d DCA 2004).

REVERSED.

SAWAYA, C.J., PLEUS and TORPY, JJ., concur.