Legal Opinion

O.M. v. State, Department of Children & Families

District Court of Appeal of Florida

Decided March 25, 1998No. Nos. 97-00329, 97-00449PublishedCited by 5 opinions

1Opinion of the Court

ALTENBERND, Judge.

The mother and father appeal a default judgment that terminated their rights to their eight children. We reverse because the trial court had no authority to enter a *991default when the parents, who were represented by counsel, were ninety minutes late to an adjudicatory hearing. The trial court also erred when it allowed the attorneys representing these indigent parents to withdraw during the period in which notices of appeal are filed and records are prepared.

In April 1996, after four years of dependency proceedings, the State of Florida Department of Health and Rehabilitative…

2Cases cited3 opinions

  1. Commonwealth Fed. Sav. & Loan Ass'n v. TuberoSupreme Court of Florida · 1990
  2. In Interest of DBSupreme Court of Florida · 1980
  3. In Re EFDistrict Court of Appeal of Florida · 1994

3Cited by5 opinions

  1. In Interest of ALDistrict Court of Appeal of Florida · 1998
  2. In Interest of MMDistrict Court of Appeal of Florida · 1998
  3. Nickerson v. DEPT. OF CHILDREN & FAMILIESDistrict Court of Appeal of Florida · 1998
  4. W.G. v. Department of Children & Family ServicesDistrict Court of Appeal of Florida · 2006
  5. In Re the Welfare of the Children of CoatsSupreme Court of Minnesota · 2001

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