Opinion
No. 95-1631.
March 1, 1996. Rehearing Denied April 10, 1996.
Appeal from the Circuit Court for St. Johns County; Richard O. Watson, Judge.
Michael Allen Motes, Crestview, pro se.
Patti A. Christensen and Darlene D. Sapiera, St. Augustine, for Appellees.
AFFIRMED.
COBB and GRIFFIN, JJ., concur.
PETERSON, C.J., dissents, with opinion.
I respectfully dissent for the reason that due process was flawed in the adoption proceeding that terminated the parental rights of an incarcerated father. While the result may be the same in a rehearing of the matter, the father is entitled to be heard and have an attorney represent him in a termination hearing. See In the Interest of D.B., 385 So.2d 83 (Fla. 1980); Palmateer v. Dept. of Health and Rehabilitative Services, 625 So.2d 117 (Fla. 5th DCA 1993).