SC06-1396 – E.T. v. State Of Florida, Et Al.

State: Florida

Docket No: sc06-1396

Case Date: 04/26/2007

Plaintiff: SC06-1396 – E.T.

Defendant: State Of Florida, Et Al.

Preview:Supreme Court of Florida
No. SC06-1396
E.T.,
Petitioner,
vs.
STATE OF FLORIDA, et al.,
Respondents.
[April 26, 2007]
PER CURIAM.
We initially accepted jurisdiction to review the decision of the Fourth
District Court of Appeal in E.T. v. State, 930 So. 2d 721 (Fla. 4th DCA 2006).
The district court ruled upon the following question, which the court certified to be
of great public importance:
(1) DOES FLORIDA RECOGNIZE A CLAIM OF INEFFECTIVE
ASSISTANCE OF COUNSEL ARISING FROM A LAWYER’S
REPRESENTATION OF A PARENT(S) IN A PROCEEDING FOR
THE TERMINATION OF PARENTAL RIGHTS?
(2) IF SO, WHAT PROCEDURE MUST BE FOLLOWED TO
PURSUE A CLAIM OF INEFFECTIVE ASSISTANCE OF
COUNSEL?
Id. at 729.  We have jurisdiction.   See art. V, § 3(b)(4), Fla. Const.

Upon further consideration, we have now determined that because the
children have been adopted the case is moot.  Because the case is moot, we
exercise our discretion and discharge jurisdiction.  The issue of ineffective
assistance of counsel claims in termination of parental rights cases will be referred
to the Juvenile Court Rules Committee and the Appellate Court Rules Committee
for consideration of a rule to address such claims.  Accordingly, this review
proceeding is hereby dismissed.
It is so ordered.
LEWIS, C.J., and WELLS, ANSTEAD, PARIENTE, QUINCE, CANTERO, and
BELL, JJ., concur.
NO MOTION FOR REHEARING WILL BE ALLOWED.
Application for Review of the Decision of the District Court of Appeal - Certified
Great Public Importance
Fourth District - Case No. 4D04-1450
(Palm Beach County)
Valentin Rodriguez, Jr. of Valentin Rodriguez, P.A., West Palm Beach, Florida,
for Petitioner
Julie H. Littky-Rubin of Lytal, Reiter, Clark, Fountain and Williams, LLP and
Amy J. Genet of Foster Children’s Project of Legal Aid, West Palm Beach,
Florida, on behalf of Foster Children’s Project; John J. Copelan, Jr., General
Counsel, Gregory D. Venz, Assistant General Counsel and Jeffrey Dana Gillen,
Senior Attorney, West Palm Beach, Florida, on behalf of Florida Department of
Children and Family Services; and Dennis W. Moore, General Counsel and
- 2 -

Thomas Wade Young, Appellate Counsel, Orlando, Florida, on behalf of Statewide
Guardian ad Litem Program,
for Respondents
- 3 -

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