Florida District Courts of Appeal, 1999

A.B. v. Department of Children & Families

A.B. v. Department of Children & Families
Florida District Courts of Appeal · Decided November 3, 1999 · Altenbernd, Northcutt, Parker
745 So. 2d 425; 1999 Fla. App. LEXIS 14549; 1999 WL 993112 (Southern Reporter, Second Series)

A.B. v. Department of Children & Families

Opinion of the Court

PER CURIAM.

We find no merit in A.B.’s challenge to the amended final judgment terminating her parental rights to the children S.E.D., A.B., T.B. and M.M. The judgment also terminated the parental rights of A.B.’s husband, B.B., and permanently committed all four children to the Department of Children and Family Services for subsequent adoption. However, B.B. is not the father of two of the children. No service was made on S.E.D.’s father, M.D., and the circuit court reserved jurisdiction as to M.D.’s parental rights. No allegations were made against M.M.’s father, S.D., and the Department of Children and Fami*426ly Services did not petition to terminate S.D.’s parental rights. Based on these circumstances, this court sua sponte directed the Department to comment on the propriety of the provision in the judgment permanently committing S.E.D. and M.M. to the Department for adoption. In response, the Department acknowledges that this provision was in error.

Accordingly, we strike the provision in the judgment permanently committing S.E.D. and M.M. to the Department for adoption. Otherwise, the judgment is affirmed.

PARKER, A.C.J., and ALTENBERND and NORTHCUTT, JJ„ Concur.

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