M.P. v. Dept. of Children Families

Full title: M.P., natural mother of S.P., R.P., and L.P., children, Appellant, v…

Court: District Court of Appeal of Florida, First District

Date published: Sep 4, 1998

717 So. 2d 114 (Fla. Dist. Ct. App. 1998)

Opinion

Nos. 98-0953, 98-1071.

Opinion filed September 4, 1998.

An appeal from the Circuit Court for Washington County. Judge William L. Wright.

Nancy L. Harvey, Quincy, for appellant, M.P.

Joseph A. Alldredge, Panama City, for appellant, R.R.P.

Catherine A. Healy, Department of Children and Families, for appellee.

PER CURIAM.

These consolidated appeals are dismissed for lack of jurisdiction. See G.L.S. v. Department of Children and Families, 700 So.2d 96 (Fla. 1st DCA 1997) (adjudicatory order in which parental rights are terminated is final, appealable, order), petition for review pending, Case No. 91,771 (Fla., filed Nov. 7, 1997). However, the dismissal is without prejudice to appellants' right to file a petition for a writ of habeas corpus in the trial court, seeking a belated appeal. See In the Interest of E.H., 609 So.2d 1289 (Fla. 1992). As we did in G.L.S., we certify conflict with the decisions of the Fifth District Court of Appeal in Moore v. Department of Health and Rehabilitative Services, 664 So.2d 1137 (Fla. 5th DCA 1995), and Lewis v. Department of Health and Rehabilitative Services, 670 So.2d 1191 (Fla. 5th DCA 1996).

APPEALS DISMISSED.

JOANOS, MINER and WEBSTER, JJ., CONCUR.