Florida District Courts of Appeal, 1994

J.R. v. State, Department of Health & Rehabilitative Services

J.R. v. State, Department of Health & Rehabilitative Services
Florida District Courts of Appeal · Decided October 24, 1994 · Benton, Lawrence, Miner
643 So. 2d 1210; 1994 Fla. App. LEXIS 10394 (Southern Reporter, Second Series)

J.R. v. State, Department of Health & Rehabilitative Services

Opinion of the Court

PER CURIAM.

We agree with appellant that the finding of neglect on the part of the father in the order of adjudication is not supported by a preponderance of the evidence in the record. On remand, the trial court should excise the finding that “[t]he evidence also was sufficient to prove by a preponderance of the evidence that [J.R.] neglected his children by allowing the children to live in that environment and failing to protect them from their *1211mother’s neglect.” We otherwise affirm the order of adjudication. Finding no error in the order of disposition we also affirm that order.

MINER, LAWRENCE, and BENTON, JJ., concur.

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