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C.D.M. v. K. and N.R

District Court of Appeal of Florida, First District
Jan 18, 2011
60 So. 3d 409 (Fla. Dist. Ct. App. 2011)

Opinion

No. 1D10-2919.

January 18, 2011.

An appeal from the Circuit Court for Alachua County. William E. Davis, Judge.

Crystal McBee Frusciante of the Crystal McBee Law Firm, P.A., Jupiter, and Susan Barber, Assistant Regional Conflict Counsel, Office of Criminal Conflict and Civil Regional Counsel, Region One, Tallahassee, for Appellant.

Michael Massey of Massey Duffy, LLC, Gainesville, for Appellee.


Appellant, C.D.M., appeals from an order terminating her parental rights. It appears that sufficient proof was presented to support a determination that the parental rights of Appellant should be terminated. However, we cannot conduct an appropriate appellate review because the statutory factors enumerated in section 39.810, Florida Statutes, are not addressed in the written order and the trial court did not make any oral findings as to these factors at the hearing. The order on appeal is also silent as to whether termination of Appellant's parental rights was the least restrictive means of protecting the child from future harm. We therefore reverse the order terminating parental rights and remand for entry of an order containing the necessary findings of fact pursuant to section 39.810 and for reconsideration of any less restrictive alternatives before any final determination is reached with respect to termination. J.S. v. Fla. Dep't of Children Families, 18 So.3d 1170, 1178 (Fla. 1st DCA 2009); T.O. v. L.S., 954 So.2d 737 (Fla. 1st DCA 2007); S.S. v. D.L., 944 So.2d 553, 557 (Fla. 4th DCA 2007).

REVERSED and REMANDED.

BENTON, C.J., DAVIS and THOMAS, JJ., concur.


Summaries of

C.D.M. v. K. and N.R

District Court of Appeal of Florida, First District
Jan 18, 2011
60 So. 3d 409 (Fla. Dist. Ct. App. 2011)
Case details for

C.D.M. v. K. and N.R

Case Details

Full title:C.D.M., Mother of K.N.M., a minor child, Appellant v. K. and N.R., Jr.…

Court:District Court of Appeal of Florida, First District

Date published: Jan 18, 2011

Citations

60 So. 3d 409 (Fla. Dist. Ct. App. 2011)