Gelatt v. State, Department of Health & Rehabilitative Services
Gelatt v. State, Department of Health & Rehabilitative Services
Concurring Opinion
specially concurring.
I agree with the result reached by the majority. I write specially because, in my view, the trial court should have proceeded to trial on counsel’s representations that she was ready to proceed on behalf of the
Opinion of the Court
We reverse the final judgment terminating parental rights because the record demonstrates that the Department of Health and Rehabilitative Services did not give notice of the March 15, 1991 dispositional hearing as required by statute. A person required to be served with notice as prescribed by section 39.462(l)(a), Florida Statutes (1989), is entitled to notice of hearings. § 39.462(l)(b), Fla.Stat. (1989). Failure to furnish appellant notice of the disposition hearing rendered the entry of the judgment terminating her parental rights improper.
Reversed and remanded.
BASKIN and LEVY, JJ., concur.
Reference
- Full Case Name
- Donna GELATT v. STATE of Florida, DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES
- Cited By
- 3 cases
- Status
- Published