Florida District Courts of Appeal, 2007

Department of Children & Families v. C.G.

Department of Children & Families v. C.G.
Florida District Courts of Appeal · Decided January 10, 2007 · Griffin, Sawaya, Torpy
945 So. 2d 656; 2007 Fla. App. LEXIS 273; 2007 WL 74162 (Southern Reporter, Second Series)

Department of Children & Families v. C.G.

Opinion of the Court

SAWAYA, J.

The Department of Children and Families argues, and Appellees, the parents, agree, that the trial court erred in dismissing the Department’s dependency petition with prejudice without first giving the Department the opportunity to amend its petition. Fla. R. Juv. P. 8.310; Dep’t of Health & Rehabilitative Servs. v. S.H., 666 So.2d 1039, 1040 (Fla. 1st DCA 1996); In Interest of A.S., 586 So.2d 1072 (Fla. 1st DCA 1991). Therefore, we reverse the order of dismissal and remand this case to the trial court for further proceedings.

REVERSED AND REMANDED.

GRIFFIN and TORPY, JJ., concur.

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