E.A.V., THE MOTHER v. DEPARTMENT OF CHILDREN AND FAMILIES ( 2021 )


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  •       Third District Court of Appeal
    State of Florida
    Opinion filed September 1, 2021.
    Not final until disposition of timely filed motion for rehearing.
    ________________
    No. 3D21-906
    Lower Tribunal No. 17-15097
    ________________
    E.A.V., the mother,
    Appellant,
    vs.
    Department of Children and Families, et al.,
    Appellees.
    An Appeal from the Circuit Court for Miami-Dade County, Michelle
    Alvarez Barakat, Judge.
    Eugene F. Zenobi, Criminal Conflict and Civil Regional Counsel,
    Third Region, and Kevin Coyle Colbert, Assistant Regional Counsel, for
    appellant.
    Karla Perkins, for appellee Department of Children and Families;
    Thomasina F. Moore and Laura J. Lee (Tallahassee), for appellee
    Guardian ad Litem.
    Before SCALES, HENDON, and LOBREE, JJ.
    HENDON, J.
    Affirmed. See Fla. Dep't of Children & Families v. A.R., 
    253 So. 3d 1158
    , 1164 (Fla. 3d DCA 2018) (holding appellate review of a termination
    of parental rights case is highly deferential and 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); J.E. v. Dep't of Children & 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.”); J.P. v. Fla. Dep't of Children & Families, 
    183 So. 3d 1198
    ,
    1204 (Fla. 1st DCA 2016) (holding where the trial court made full findings
    on all statutory factors and found that termination of parental rights was in
    the child's manifest best interest, the appellate court should not re-weigh
    the evidence).
    2
    

Document Info

Docket Number: 21-0906

Filed Date: 9/1/2021

Precedential Status: Precedential

Modified Date: 9/1/2021