T. P., Paternal Grandfather etc. v. Florida Department of Children and etc.

IN THE DISTRICT COURT OF APPEAL FIRST DISTRICT, STATE OF FLORIDA

T. P., PATERNAL NOT FINAL UNTIL TIME EXPIRES TO GRANDFATHER of D. P. AND N. FILE MOTION FOR REHEARING AND P., MINOR CHILDREN, DISPOSITION THEREOF IF FILED

Appellant, CASE NO. 1D15-3728 v.

FLORIDA DEPARTMENT OF CHILDREN AND FAMILIES, R. P., MOTHER AND A. P., FATHER,

Appellees. _____________________________/ Opinion filed November 13, 2015.

An appeal from an order of the Circuit Court for Duval County. Henry E. Davis, Judge.

Robert J. Slama, Jacksonville, for Appellant.

Ward L. Metzger, Florida Department of Children and Families, Jacksonville; David P. Krupski, Guardian ad Litem Program, Sanford, for Appellees.

PER CURIAM.

The Court has determined that the notice of appeal filed on August 9, 2015, failed to timely invoke the Court’s jurisdiction to review the Order Denying Paternal Grandfather’s Second Amended Motion to Intervene, Motion for Change *2 of Custody, and Motion for Visitation, which was rendered on May 6, 2015. Accordingly, appellee’s motion to dismiss is granted and the appeal is dismissed for lack of jurisdiction.

The dismissal is without prejudice to the appellant’s right to seek any relief to which he may be entitled from the lower tribunal. See R.Z. v. Dep’t of Children and Families, 969 So. 2d 1225 (Fla. 1st DCA 2007). LEWIS, ROWE, and BILBREY, JJ., CONCUR.