Opinion
Nos. 85-488, 85-489.
November 1, 1985.
Appeal from the Circuit Court, Lee County, Elmer O. Friday, J.
Deborah Studybaker of Studybaker and Harrell, Fort Myers, for appellant.
Anthony N. DeLuccia, Jr., Dist. Legal Counsel, Health and Rehabilitative Services, Fort Myers, for appellee.
We affirm the order of permanent commitment of two children to the custody of HRS. Our examination of the record shows that the evidence supported the trial court's determination that the mother had abandoned the children, section 39.01(1), Florida Statutes (1983), had failed to substantially comply with the performance agreement which she had executed, and that such failure was not beyond her control. That the best interests of the children are served by the trial court's order appears clear.
Affirmed.
GRIMES, A.C.J., and SCHEB, J., concur.