Legal Opinion · Dissent

Motes v. Rawson

District Court of Appeal of Florida

Decided March 1, 1996No. 95-1631Published

1DissentPeterson, Chief Judge

I respectfully dissent for the reason that due process was flawed in the adoption proceeding that terminated the parental rights of an incarcerated father. While the result may be the same in a rehearing of the matter, the father is entitled to be heard and have an attorney represent him in a termination hearing. See In the Interest of D.B., 385 So.2d 83 (Fla.1980); Palmateer v. Dept. of Health and Rehabilitative Services, 625 So.2d 117 (Fla. 5th DCA1993).

2Cases cited2 opinions

  1. In Interest of DBSupreme Court of Florida · 1980
  2. Palmateer v. Department of Health & Rehabilitative ServicesDistrict Court of Appeal of Florida · 1993