In the Interest of A.W.
In the Interest of A.W.
Opinion of the Court
This is an appeal from a final order which terminated appellant’s parental rights. Appellee has moved to dismiss the appeal arguing that the notice of appeal was not timely filed. We grant the motion.
Appellee’s motion to dismiss the appeal points out that the notice of appeal was filed on August 23, 1991. The motion also states that the order terminating parental rights was rendered on July 18, 1991. Because the notice appeared to be untimely filed we issued an order to show cause why the appeal should not be dismissed. Appel-lee has filed a response to the order to show cause. The response asserts that after entry of the order terminating appellant’s rights, appellant’s appointed counsel
We dismiss this appeal for the reasons expressed in our opinion in In the Interest of E.H., 591 So.2d 1097 (Fla. 1st DCA 1992). In E.H. the appellant sought the right to a belated appeal based upon the alleged ineffective assistance of counsel in failing to timely file the notice of appeal. Here appellant’s claim for belated appeal is based on the allegation that counsel did not receive notice he was representing appellant on appeal. The problem with appellant’s theory is that it is the responsibility
As we did in E.H., we certify the following questions to the Supreme Court as ones of great public importance:
1) IN A CASE INVOLVING THE TERMINATION OF PARENTAL RIGHTS, IS THE PARENT ENTITLED TO BELATED APPEAL BASED ON THE INEFFECTIVE ASSISTANCE OF COUNSEL IN FAILING TO TIMELY FILE THE NOTICE OF APPEAL;. and
2) IF THE PARENT IS ENTITLED TO BELATED APPEAL, BY WHAT PROCEDURE AND IN WHAT COURT SHOULD THE RIGHT BE SOUGHT?
Accordingly, this appeal is hereby dismissed. As in E.H. our dismissal is without prejudice to appellant seeking whatever relief appellant deems appropriate in the trial court.
. See In the Interest of D.B., 385 So.2d 83 (Fla. 1980).
. Were it not for the holding in State v. District Court of Appeal, it would appear, although we do not so hold, that appellant would have a claim for relief pursuant to Florida Rule of Juvenile Procedure 8.250. Cf. Woldarsky v. Woldarsky, 243 So.2d 629 (Fla. 1st DCA 1971) (where party has no notice of entry of order, trial court had jurisdiction to re-enter order to allow appeal). See also New Washington Heights Community Development Conference v. Department of Community Affairs, 515 So.2d 328 (Fla. 3d DCA 1987).
Case-law data current through December 31, 2025. Source: CourtListener bulk data.