In re Doe
In re Doe
Opinion of the Court
Jane Doe,
Jane Doe is almost eighteen years old and a high school honors student. She plans to attend college in the fall. She testified that her current condition would impact adversely her future plans. She also testified that her parents were strict, controlling, and demanding. At times they acted out of spite toward her. She feared that they would disown her if notified of her pregnancy.
The circuit court noted that Jane Doe appeared anxious at the hearing. Yet, it did not declare her testimony unbelievable. The circuit court expressed concern that Jane Doe had not seriously considered the medical risks of the procedure, sought independent counseling, or seriously considered alternatives. It disregarded Jane Doe’s testimony that she had undertaken independent medical research concerning the procedure and its risks. The circuit court apparently discounted her testimony that she had considered alternatives to termination.
Seemingly, Jane Doe met her burden; the circuit court found otherwise.
So, too, the circuit court was bound to apply the law as dictated by the legislature to the facts of Jane Doe’s case. See Wilson v. Robinson, 917 So.2d 312, 313 (Fla. 5th DCA 2005). Unfortunately, we are firmly convinced that the circuit court strayed from the statutory mandate. The order oh appeal extensively expresses the circuit court’s misgivings and concerns about the manner in which the statutory proceedings are conducted. It is evident that the circuit court relied on its perceived flaws in the statutory procedure, rather than on an individualized assessment of Jane Doe’s case, in dismissing the petition. This was an abuse of discretion that compels reversal.
Reversed and remanded with directions to grant the petition.
. We use this pseudonym to protect appellant’s privacy.
. Contrary to the dissent's suggestion, section 390.01114(4)(b)(2), in our view, authorizes remand only where the circuit court failed to make adequate findings.
Dissenting Opinion
dissenting.
Given the concerns expressed in the majority opinion regarding the circuit judge’s objectivity, which I understand, I would remand for a new hearing before a different circuit judge pursuant to the remand provision in section 390.01114(4)(b)(2).
Case-law data current through December 31, 2025. Source: CourtListener bulk data.