From Casetext: Smarter Legal Research

In Interest of D.M.S

District Court of Appeal of Florida, Second District
Jul 13, 1988
528 So. 2d 505 (Fla. Dist. Ct. App. 1988)

Opinion

No. 88-104.

July 13, 1988.

Appeal from the Circuit Court, Pinellas County, Jack A. Page and David Seth Walker, JJ.

Elizabeth G. Mansfield of Law Office of Gary A. Carnal, St. Petersburg, for appellant.

Robert A. Butterworth, Atty. Gen., and Eric J. Taylor, Asst. Atty. Gen., Tallahassee, for appellee.


In this appeal from orders of the circuit court adjudicating appellant's minor children dependent and awarding custody of the children to appellant's former husband, appellee concedes that the requirements of law were not followed in several respects. Neither parent was apprised of his or her right to have counsel present at the dependency and disposition hearings. Fla.R. Juv.P. 8.560. Although no evidence of dependency was presented and the parents did not admit to the allegations contained in the dependency petition, the court declared the children dependent. The order of adjudication fails to contain findings of fact, as required by section 39.409, Florida Statutes (1987).

Accordingly, we reverse the orders of adjudication and award of custody and remand this case to the circuit court for further proceedings consistent with this opinion.

Reversed.

CAMPBELL, C.J., and SCHEB and HALL, JJ., concur.


Summaries of

In Interest of D.M.S

District Court of Appeal of Florida, Second District
Jul 13, 1988
528 So. 2d 505 (Fla. Dist. Ct. App. 1988)
Case details for

In Interest of D.M.S

Case Details

Full title:IN THE INTEREST OF D.M.S. AND D.L.S. DONNA STALEY, APPELLANT, v…

Court:District Court of Appeal of Florida, Second District

Date published: Jul 13, 1988

Citations

528 So. 2d 505 (Fla. Dist. Ct. App. 1988)

Citing Cases

In Interest of S.N.D., J.D

There was no such renewal in this case. See Staley v. Dept. of Health and Rehabilitative Services, 528 So.2d…