M.W. v. Department of Children & Families

WHATLEY, Judge.

In this appeal of an order terminating their parental rights, both parents contend that the trial court erred in reopening the case after the parties had rested. We agree and reverse.

The trial in this matter began on December 5, 2001, and, because the guardian was not available to testify on that date, it was continued until January 29, 2002. After testimony was taken on January 29, both parties rested and the trial court announced, “So end of case. Under advisement. I will have to dig through all of this and review my prior notes and then *582decide what I am going to do.”…