5D04-2085 K.H. v. DCF

State: Florida

Court: Florida Fifth District Court

Docket No: 5D04-2085

Case Date: 01/31/2005

Preview:IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT JANUARY TERM 2005

K.H., MOTHER OF A.T. AND K.H., CHILDREN, Appellant, v. DEPARTMENT OF CHILDREN AND FAMILIES, Appellee. __________________________________________/ Opinion filed February 4, 2005 Appeal from the Circuit Court for Brevard County, Lisa Davidson, Judge. Kathleen I. Henretta of Kathleen I. Henretta, P.A., Melbourne, for Appellant. Charles D. Peters, Orlando, for Appellee. Case No. 5D04-2085

PER CURIAM. The determination by a trial court that a child is dependent is a mixed question of law and fact. See In re M.F., 770 So. 2d 1189, 1192 (Fla. 2000) (citing Banks v. State, 732 So. 2d 1065, 1067 (Fla. 1999)). A ruling determining that a child is dependent will be affirmed if the trial court applied the correct law, and the record reflects that the decision is supported by substantial competent evidence. See M.N. v. State, 826 So. 2d 445 (Fla. 5th DCA 2002). In the present case there was substantial competent evidence adduced at the trial to establish that there was a substantial risk of imminent

abuse or neglect by the mother, and the children were properly adjudged to be dependent as to her within the meaning and intent of Chapter 39, Florida Statutes (2004). In addition, the trial court applied the correct law. AFFIRMED.

PLEUS, MONACO and TORPY, JJ., concur.

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