Florida District Courts of Appeal, 2012

J.F.S. v. Department of Children & Families

Florida District Courts of Appeal · Decided November 21, 2012 · Clark, Makar, Wetherell

100 So. 3d 784; 2012 Fla. App. LEXIS 20221; 2012 WL 5870730 (Southern Reporter, Third Series)

Cases that cite this one

1 later published case cites this decision.

O. T. v. Florida Department of Children & Families (Fla. Dist. Ct. App. 2013)

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

PER CURIAM.

J.F.S. appeals the termination of his parental rights. Because he failed to move for a judgment of dismissal after the presentation of the State’s evidence, or at any other time during the termination hearing, we affirm. K.J. ex rel. A.J. v. Dep’t of Children & Families, 33 So.3d 88, 89 (Fla. 1st DCA 2010); J.D. v. Dep’t of Children & Families, 825 So.2d 447 (Fla. 1st DCA 2002). We recognize, as we did in K.J., that our holding requiring preservation of an evidentiary sufficiency issue under Florida Rule of Juvenile Procedure *7858.525(h) conflicts with decision of the Fourth and Fifth District Courts of Appeal in R.P. v. Dep’t of Children & Families, 49 So.3d 339 (Fla. 5th DCA 2010) and H.D. v. Dep’t of Children & Families, 964 So.2d 818 (Fla. 4th DCA 2007). We certify conflict with these decisions.

AFFIRMED.

CLARK, WETHERELL, and MAKAR, JJ., concur.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.