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J.C., THE FATHER v. DEPARTMENT OF CHILDREN & FAMILIES

Citation: Not availableDocket: 21-1397

Court: District Court of Appeal of Florida; September 15, 2021; Florida; State Appellate Court

Original Court Document: View Document

Narrative Opinion Summary

The District Court of Appeal of the State of Florida, Fourth District, addressed a consolidated appeal involving D.R. (Mother) and J.C. (Father) against the Department of Children and Families and Guardian ad Litem. The appeal emanated from the Circuit Court for the Fifteenth Judicial Circuit in Palm Beach County, presided over by Judge Ashley Zuckerman, concerning case number 50-2019-DP-000810-XXXX-MB. The court affirmed the lower court's decision, with Chief Judge Conner and Judges Forst and KlingenSmith concurring. The affirmation is not final until the period for filing a timely motion for rehearing has elapsed. Representation for the appellants included Carla Lowry and Brooke Elvington, while the appellees were represented by Andrew Feigenbaum and Thomasina F. Moore, along with Sarah Todd Weitz.

Legal Issues Addressed

Appeals Procedure and Timeliness

Application: The appellate court's decision is not considered final until the period for filing a timely motion for rehearing has elapsed, ensuring that parties have the opportunity to contest the affirmation.

Reasoning: The affirmation is not final until the period for filing a timely motion for rehearing has elapsed.

Concurrence of Judges in Appellate Decision

Application: In this case, the appellate decision was unanimous, with Chief Judge Conner and Judges Forst and KlingenSmith concurring, which reinforces the agreement among the judges on the panel.

Reasoning: The court affirmed the lower court's decision, with Chief Judge Conner and Judges Forst and KlingenSmith concurring.