Florida District Courts of Appeal, 1996

Motes v. Rawson

Motes v. Rawson
Florida District Courts of Appeal · Decided March 1, 1996 · Cobb, Griffin, Peterson
671 So. 2d 183; 1996 Fla. App. LEXIS 1757; 1996 WL 86752 (Southern Reporter, Second Series)

Motes v. Rawson

Dissenting Opinion

PETERSON, Chief Judge,

dissenting.

I respectfully dissent for the reason that due process was flawed in the adoption proceeding that terminated the parental rights of an incarcerated father. While the result may be the same in a rehearing of the matter, the father is entitled to be heard and have an attorney represent him in a termination hearing. See In the Interest of D.B., 385 So.2d 83 (Fla. 1980); Palmateer v. Dept. of Health and Rehabilitative Services, 625 So.2d 117 (Fla. 5th DCA1993).

Opinion of the Court

PER CURIAM.

AFFIRMED.

COBB and GRIFFIN, JJ., concur. PETERSON, C.J., dissents, with opinion.

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