Opinion

R.G. v. Department of Children & Family Services

2001 Fla. App. LEXIS 12486 · District Court of Appeal of Florida · Sep 5, 2001

Full text

R.G. v. DEPARTMENT OF CHILDREN AND FAMILY SERVICES

PER CURIAM. Affirmed. We find no merit in the assertion that the trial court’s order did not state the facts upon which the finding of dependency is based. Section 39.507(5), Florida Statutes (2000), requires the court to enter an order briefly stating the facts upon which its finding is based. See Castellanos v. Department of Health and Rehab. Servs., 545 So.2d 455, 458 (Fla. 3d DCA 1989). The trial court here provided ample facts to support its finding of dependency as to both children. Additionally, any due process concerns were never raised before the trial court and are therefore barred. See Hill v. State, 549 So.2d 179, 182 (Fla.1989). Furthermore, the Department was properly allowed to amend its pleading to conform with the evidence.

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Metadata

Status: Published
Author
Judges: Fletcher, Green, Ramirez
Cluster ID: 7802600

Citations

2001 Fla. App. LEXIS 12486
792 So. 2d 1269
2001 WL 1007953

Cited by

J.G. v. Dep't of Children & Families
District Court of Appeal of Florida · May 3, 2019
GM v. Department of Children and Families
District Court of Appeal of Florida · Nov 30, 2007

Parentheticals

holding that any due process concerns were barred from consideration on appeal where they were never raised before the trial court
GM v. Department of Children and Families
"[A]ny due process concerns were never raised before the trial court and are therefore barred." (citing Hill v. State , 549 So.2d 179 , 182 (Fla. 1989) )
J.G. v. Dep't of Children & Families