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A.F. v. M.B.

Citations: 950 So. 2d 432; 2007 Fla. App. LEXIS 820; 2007 WL 173869Docket: No. 1D06-1858

Court: District Court of Appeal of Florida; January 24, 2007; Florida; State Appellate Court

Narrative Opinion Summary

A.F. appeals the termination of his parental rights. The trial court appointed counsel for him due to his indigent status and recognized his right to a complete record for appellate review, citing M.L.B. v. S.L.J. However, the absence of a court reporter at the final hearing and unsuccessful attempts to reconstruct the record led to the conclusion that A.F. was denied adequate review rights. Consequently, the appellate court reversed the trial court's order and remanded the case for a new trial. Judges Van Nortwick, Padovano, and Polston concurred in the decision.

Legal Issues Addressed

Reversal and Remand for New Trial Due to Inadequate Record

Application: The appellate court reversed the trial court's termination of parental rights and remanded the case for a new trial due to the inadequacy of the appellate record.

Reasoning: Consequently, the appellate court reversed the trial court's order and remanded the case for a new trial.

Right to Complete Record for Appellate Review

Application: A.F. was entitled to a complete record for the purpose of appellate review, but the failure to provide a court reporter during the final hearing compromised this right.

Reasoning: The absence of a court reporter at the final hearing and unsuccessful attempts to reconstruct the record led to the conclusion that A.F. was denied adequate review rights.

Right to Counsel for Indigent Parents

Application: The trial court recognized the appellant's indigent status and appointed counsel, ensuring his right to legal representation during the termination proceedings.

Reasoning: The trial court appointed counsel for him due to his indigent status and recognized his right to a complete record for appellate review, citing M.L.B. v. S.L.J.