Legal Opinion · Dissent

In re Jane Doe 13-A

District Court of Appeal of Florida

Decided April 11, 2014No. 1D13-5458Published

1DissentSwanson, J.

I write this “dissental”3 from the Court’s decision to deny en banc eonsider-*756ation pursuant to Florida Rule of Appellate Procedure 9.331. I elect to write because the inability of the three-judge panel to provide a clear analysis of the parental bypass appellate review standard warrants en banc consideration. Further, the failure of our whole court to address and give deference to the proper appellate standard of review concerning parental notification is a mistake.

I agree with the views expressed by Chief Judge Kozinski when he wrote:

“Cases arguably warranting en bane review are those in…

2Cases cited5 opinions

  1. Ohio v. Akron Center for Reproductive HealthSupreme Court of the United States · 1990
  2. Beal Bank, SSB v. Almand and AssociatesSupreme Court of Florida · 2001
  3. United States v. Perez-JiminezCourt of Appeals for the Tenth Circuit · 2011
  4. Browning v. Florida Hometown Democracy, Inc.Supreme Court of Florida · 2010
  5. Beal Bank, SSB v. Almand & AssociatesDistrict Court of Appeal of Florida · 1998

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