5D00-2560 M.E.G. v. DCF, et al.

State: Florida

Court: Florida Fifth District Court

Docket No: 5D00-2560

Case Date: 01/28/2002

Preview:IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT JANUARY TERM 2002

M.E.G., MOTHER OF S.R.G., A CHILD, Appellant, v. Case No. 5D00-2560 DEPARTMENT OF CHILDREN AND FAMILIES, RUTH MAYEUX, EDDIE MAYEUX AND JOHN LACOURTURE, JR., Appellees. / Opinion filed February 1, 2002 Appeal from the Circuit Court for Brevard County, Tonya Rainwater, Judge. Lisa L. Hogreve of Hogreve & Hogreve, LC, Rockledge, for Appellant. James A. Sawyer, Jr. for Appellee, Department of Children and Families, Kissimmee. No Appearance for Appellees, Ruth Mayeux, Eddie Mayeux and John Lacourture, Jr.

UPON MOTION FOR REHEARING OR CLARIFICATION PETERSON, J. The Department of Children and Families (Department) has moved for rehearing or clarification in this appeal, advising that the opinion of this court filed December 7, 2001 attributes omissions to its counsel and implies the Department failed to fulfill its duties by making no appearance in the appeal.

We agree that the opinion does convey those messages and grant its motion for clarification. The Department only investigated the allegations of abuse and neglect, and finding none, declined to proceed further. It was the maternal grandparents who exercised their rights under sections 39.501(1) and 39.802(1), Florida Statutes, to file a petition and litigate the matter to a conclusion, not the Department. MOTION GRANTED.

HARRIS and SAWAYA, JJ., concur.

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