In Re DR

812 So.2d 447 (2002)

In the Interest of D.R., a child,

M.A.L., Appellant,

v.

Department of Children and Family Services, Appellee.

No. 2D01-707.

District Court of Appeal of Florida, Second District.

February 8, 2002.

Suzanne Harris, Lakeland, for Appellant.

Douglas Sherman, Bartow, for Appellee.

KELLY, Judge.

M.A.L. appeals from an order terminating his parental rights based on his failure to comply with a case plan. He argues that the trial court erred in terminating his parental rights on this basis because he was incarcerated and did not have the substantial ability to comply. Because the trial…