Florida District Courts of Appeal, 2009

A.M. v. Department of Children & Family Services

A.M. v. Department of Children & Family Services
Florida District Courts of Appeal · Decided May 29, 2009 · Davis, Fulmer, Silberman
8 So. 3d 1289; 2009 Fla. App. LEXIS 6993 (Southern Reporter, Third Series)

A.M. v. Department of Children & Family Services

Opinion of the Court

DAVIS, Judge.

A.M., the Father, challenges the trial court’s order adjudicating his four-month-old child, A.M., dependent. The Department correctly concedes error because the only evidence presented below to support an adjudication of dependency as to the Father was inadmissible hearsay. As such, the evidence presented below was insufficient, and we must reverse. See R.S. v. Dep’t of Children & Families, 881 So.2d 1130, 1132 (Fla. 4th DCA 2004) (“[Rjeversal is required where the evidence is legally insufficient to sustain the findings of the trial court.”).

Reversed.

FULMER and SILBERMAN, JJ., Concur.

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