Summary
In A.G. v. Department of Children and Family Services, 707 So.2d 972 (Fla. 4th DCA 1998), we concluded that an order adjudicating children dependent was a final order which had to be appealed when it was entered.
Summary of this case from A.G. v. Dept. of Ch. Fam. SerOpinion
No. 97-4231
Opinion filed April 8, 1998 JANUARY TERM 1998
Petition for writ of mandamus to the Circuit Court for the Seventeenth Judicial Circuit, Broward County; Arthur M. Birkin, Judge; L.T. Case No. 93-9706 CJDP.
Denise Jones-Greenberg and Alan Greenberg, Sunrise, pro se.
Robert A. Butterworth, Attorney General, Tallahassee, and Charles A. Pereny, Assistant Attorney General, Fort Lauderdale, for respondent.
ON MOTION FOR REHEARING
After we entered an order determining jurisdiction, petitioners moved for rehearing urging that our disposition creates a conflict. We agree. The issue is whether an order adjudicating termination of parental rights pursuant to section 39.467, Florida Statutes (1995) is a final appealable order, or whether it is non-final and can be reviewed on appeal from a subsequent disposition order entered pursuant to 39.469, Florida Statutes (1995).
We agree with the reasoning of the first district in G.L.S. v. Department of Children and Families, 700 So.2d 96 (Fla. 1st DCA 1997), which held that the order terminating parental rights is a final, appealable order. See also In Interest of T.M., 614 So.2d 561 (Fla. 1st DCA 1993). We certify conflict, as the first district did in G.L.S., with the case on which petitioners rely,Moore v. Department of Health and Rehabilitative Services, 664 So.2d 1137 (Fla. 5th DCA 1995). We deny the motion for rehearing.
WARNER, POLEN and KLEIN, JJ., concur.