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SC09-169 – Florida Department of Children And Family Services, Et Al. v. P.E.
State: Florida
Court: Supreme Court
Docket No: SC09-169
Case Date: 07/16/2009
Preview:Supreme Court of Florida
____________ No. SC09-169 ____________

FLORIDA DEPARTMENT OF CHILDREN AND FAMILY SERVICES, et al., Petitioners, vs. P.E., Respondent.

[July 16, 2009]

CANADY, J. We have for review the decision in In re H.E., 3 So. 3d 341 (Fla. 2d DCA 2009), review granted sub nom. Florida Department of Children & Family Services v. P.E., 4 So. 3d 676 (Fla. 2009), in which the Second District Court of Appeal addressed a question of statutory construction regarding a parents implied cons ent to termination of parental rights under section 39.801(3)(d), Florida Statutes (2007). The statute provides for entry of such consent upon a parents "failure to personally appear at the adjudicatory hearing."
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