Florida District Courts of Appeal, 1980

In re the Adoption of Sorensen

In re the Adoption of Sorensen
Florida District Courts of Appeal · Decided June 11, 1980 · Anstead, Hurley, Moore
385 So. 2d 1057; 1980 Fla. App. LEXIS 16494 (Southern Reporter, Second Series)

In re the Adoption of Sorensen

Opinion of the Court

PER CURIAM.

This is an appeal from a final judgment of adoption. The father of the child objected to the child being adopted by the child’s grandfather and the grandfather’s wife. Although we believe the evidence would support a determination that it would be in the best interest of the child to be placed in the temporary custody of the grandfather, we find the record lacks the requisite clear and convincing proof that the father has abandoned the child. In Re Adoption of Noble, 349 So.2d 1215 (Fla. 4th DCA 1977).

Accordingly, the judgment of the trial court is reversed with directions for further proceedings consistent with this opinion.

ANSTEAD and HURLEY, JJ., concur. MOORE, J., dissents with opinion.

Dissenting Opinion

MOORE, Judge,

dissenting:

I respectfully dissent. In my opinion there is ample evidence to support a finding, based on clear and convincing proof, of abandonment by the natural father. I would therefore affirm.

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