5D06-835 DCF v. C.G.

State: Florida

Court: Florida Fifth District Court

Docket No: 5D06-835

Case Date: 01/08/2007

Preview:IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT JANUARY TERM 2007

DEPARTMENT OF CHILDREN AND FAMILIES, Appellant, v. C.G. AND J.A., PARENTS OF E.A., A CHILD, Appellees ________________________________/ Opinion filed January 10, 2007 Appeal from the Circuit Court for Seminole County, Gene R. Stephenson, Judge. Charles D. Peters, Orlando, for Appellant. Gary Siegel, Fern Park, for Appellee C.G. Helen N. Silva, Sanford, for Appellee J.A. SAWAYA, J. The Department of Children and Families argues, and Appellees, the parents, agree, that the trial court erred in dismissing the Department's dependency petition with prejudice without first giving the Department the opportunity to amend its petition. Fla. R. Juv. P. 8.310; Dep't of Health & Rehabilitative Servs. v. S.H., 666 So. 2d 1039, 1040 (Fla. 1st DCA 1996); In Interest of A.S., 586 So. 2d 1072 (Fla. 1st DCA 1991). Therefore, we reverse the order of dismissal and remand this case to the trial court for further proceedings. REVERSED AND REMANDED. GRIFFIN and TORPY, JJ., concur. Case No. 5D06-835

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