Opinion
Case No. 5D20-162
03-31-2020
R.V., Mother of E.V., a Child, Appellant, v. DEPARTMENT OF CHILDREN AND FAMILIES, Appellee.
Valarie Linnen, Jacksonville, for Appellant. Kelley Schaeffer, Children's Legal Services, Bradenton, for Appellee, Department of Children and Families. Thomasina F. Moore, Statewide Director of Appeals, and Joanna Summers Brunell, Senior Attorney, Appellate Division, Statewide Guardian ad Litem Office, Tallahassee, for Guardian ad Litem Program.
Valarie Linnen, Jacksonville, for Appellant.
Kelley Schaeffer, Children's Legal Services, Bradenton, for Appellee, Department of Children and Families.
Thomasina F. Moore, Statewide Director of Appeals, and Joanna Summers Brunell, Senior Attorney, Appellate Division, Statewide Guardian ad Litem Office, Tallahassee, for Guardian ad Litem Program.
PER CURIAM.
R.V. ("Mother") appeals the final judgment terminating her parental rights to E.V. Mother's sole argument on appeal is that the evidence was insufficient to establish abandonment pursuant to section 39.806(1)(b), Florida Statutes (2019). While we agree with Mother on that point, abandonment was just one of the five statutory grounds underlying the trial court's termination of Mother's parental rights. Mother admits that the remaining four statutory grounds for termination, as well as the trial court's findings related to the least restrictive means and manifest best interests, are supported by the evidence.
"Because [the Department of Children and Families] was required to prove only one statutory ground for termination, we do not need to address whether the trial court correctly relied on other grounds for termination." D.G. v. Dep't of Child. & Fams., 250 So. 3d 871 (Fla. 5th DCA 2018). Accordingly, we affirm the final judgment terminating Mother's parental rights to E.V. but reverse as to the finding of abandonment and remand for entry of an amended final judgment. See D.H. v. Dep't of Child. & Fams., 211 So. 3d 351, 352 (Fla. 5th DCA 2017) ; J.L. v. Dep't of Child. & Fams., 143 So. 3d 1158 (Fla. 5th DCA 2014). AFFIRMED in part; REVERSED in part; REMANDED with instructions.
COHEN, LAMBERT and WALLIS, JJ., concur.