B.D. v. Department of Children & Families
Cases that cite this one
3 later published cases cite this decision.
- R.W.M. v. Department of Children & Families (Fla. Dist. Ct. App. 2016)
- R.W.M. v. Dep't of Children & Families (Fla. Dist. Ct. App. 2016)
- R.W.M. v. Dep't of Children & Families (Fla. Dist. Ct. App. 2015)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
We reverse the final judgment terminating appellant’s parental rights, rendered after the entry of a consent by default. Constructive consent should be the disfavored result in a termination of parental rights proceeding. A.H. v. Dep’t of Children and Families, 22 So.3d 801 (Fla. 5th DCA 2009). The trial court should have either granted a short continuance or permitted appellant to appear by telephone where the record reflects that appellant was making a reasonable effort to personally appear at the scheduled adjudicatory hearing. D.M. v. Dep’t of Children and Families, 921 So.2d 737 (Fla. 5th DCA 2006); see also B.H. v. Dep’t of Children and Families, 882 So.2d 1099, 1100-01 (Fla. 4th DCA 2004) (“Courts have made a distinction between parents who fail to appear at a hearing without a reasonable explanation versus those who have made some reasonable effort to be present.”)
REVERSED and REMANDED for New Adjudicatory Hearing.
Case-law data current through September 30, 2026. Source: CourtListener bulk data.