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Vickson v. Dept. of H R Serv

District Court of Appeal of Florida, Fifth District
May 3, 1991
578 So. 2d 737 (Fla. Dist. Ct. App. 1991)

Opinion

No. 90-766.

March 7, 1991. Rehearings Denied May 3, 1991.

Appeal from the Circuit Court, Orange County, Thomas S. Kirk, J.

Harry H. Morall of Morall and Carey, P.A., Orlando, for appellant.

Timothy A. Straus of Moyer Straus, Longwood, for appellee.


This is an appeal from an order terminating appellant's parental rights towards his son, O.M.V., II. Before permanently severing parental rights, the State must prove by clear and convincing evidence that the parent either abused, neglected, or abandoned his or her child. Santosky v. Kramer, 455 U.S. 745, 102 S.Ct. 1388, 71 L.Ed.2d 599 (1982); sections 39.464 and 39.467, Florida Statutes (1987). Our review of the record on appeal reveals that the evidence is legally insufficient to terminate appellant's parental rights by reason of abuse, neglect or abandonment. See e.g., K.H. v. Department of Health Rehabilitative Services, 527 So.2d 230 (Fla. 1st DCA 1988).

REVERSED.

SCHWARTZ, A.R., Associate Judge, concurs.

COBB, J., dissents without opinion.


Summaries of

Vickson v. Dept. of H R Serv

District Court of Appeal of Florida, Fifth District
May 3, 1991
578 So. 2d 737 (Fla. Dist. Ct. App. 1991)
Case details for

Vickson v. Dept. of H R Serv

Case Details

Full title:OTIS M. VICKSON, APPELLANT, v. DEPARTMENT OF HEALTH AND REHABILITATIVE…

Court:District Court of Appeal of Florida, Fifth District

Date published: May 3, 1991

Citations

578 So. 2d 737 (Fla. Dist. Ct. App. 1991)