J.F.S. III v. State, Dep't of Children and Families

2 Citing cases

  1. C.K. v. Dep't of Children & Families

    292 So. 3d 1276 (Fla. Dist. Ct. App. 2020)

    Per Curiam DISMISSED . See In the Interest of E.H. , 609 So. 2d 1289 (Fla. 1992) ; J.F.S. III v. State , 224 So. 3d 926 (Fla. 1st DCA 2017). This dismissal is without prejudice to the Appellant’s right to seek a belated appeal in the trial court.

  2. H.K. v. Dep't of Children & Families

    277 So. 3d 1055 (Fla. Dist. Ct. App. 2019)

    In those circumstances, when a belated appeal might be appropriate in a termination of parental rights case, we must dismiss the appeal without prejudice for the movant to petition the circuit court for a writ of habeas corpus seeking a belated appeal. See, e.g. , J.F.S. III v. State, Dep't of Children & Families , 224 So. 3d 926, 927 (Fla. 1st DCA 2017) ; M.W. v. Dep't of Children & Families , 792 So. 2d 1241, 1241–42 (Fla. 1st DCA 2001) ("[W]e reverse and remand with directions to the appellant to file a petition for habeas corpus relief [in the circuit court] setting forth the grounds which entitle the appellant to a belated appeal."). If a petition for writ of habeas corpus is filed in the circuit court, the circuit court should hold an evidentiary hearing on an expedited basis to resolve the petition.