Third District Court of Appeal
State of Florida
Opinion filed February 9, 2022.
Not final until disposition of timely filed motion for rehearing.
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No. 3D21-2044
Lower Tribunal No. 05-15686
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J.B., The Father,
Appellant,
vs.
Department of Children and Families, et al.,
Appellees.
An Appeal from the Circuit Court for Miami-Dade County, Angelica D.
Zayas, Judge.
Thomas Butler, P.A., and Thomas J. Butler, for appellant.
Karla Perkins, for appellee Department of Children and Families; Sara
E. Goldfarb, Statewide Director of Appeals, and Laura J. Lee, Assistant
Director of Appeals (Tallahassee); KCB Law, PLLC, and Khairiya C. Bryant
(Orlando), for appellee Guardian ad Litem.
Before LOGUE, SCALES and GORDO, JJ.
PER CURIAM.
Affirmed. See Fla. Dep’t of Child. & Families v. A.R.,
253 So. 3d 1158,
1164 (Fla. 3d DCA 2018) (“Appellate review of a termination of parental
rights case is ‘highly deferential. . . . a finding that evidence is clear and
convincing enjoys a presumption of correctness and will not be overturned
on appeal unless clearly erroneous or lacking in evidentiary support.’”
(quoting C.G. v. Dep’t of Child. & Families,
67 So. 3d 1141, 1143 (Fla. 3d
DCA 2011))); J.E. v. Dep’t of Child. & Families,
126 So. 3d 424, 427 (Fla. 4th
DCA 2013) (“While a trial court’s decision to terminate parental rights must
be based on clear and convincing evidence, our review is limited to whether
competent substantial evidence supports the trial court’s judgment.”); T.J. v.
E.W.R.,
721 So. 2d 723, 725 (Fla. 1998) (holding that incarceration may be
a factor, when considered with other factors in evidence, when determining
whether to terminate parental rights on the ground of abandonment).
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