T.W., Father of B.L. and S.W., Minor children v. Department of Children and Families , 253 So. 3d 779 ( 2018 )

FIRST DISTRICT COURT OF APPEAL
STATE OF FLORIDA
_____________________________
No. 1D18-2775
_____________________________
T.W., Father of B.L. and S.W.,
Minor children,
Appellant,
v.
DEPARTMENT OF CHILDREN AND
FAMILIES,
Appellee.
_____________________________
On appeal from the Circuit Court for Columbia County.
Leandra G. Johnson, Judge.
September 28, 2018
PER CURIAM.
Appellant, the father in this termination of parental rights
case, seeks review of an April 3, 2018, order of disposition
terminating his parental rights. The appeal was not filed within
30 days of rendition of the order of disposition. In response to our
order to show cause, Appellant argues the order is not final
because additional judicial labor is required and contemplated.
Specifically, the order directs the Department of Children and
Families to file an Adoption Case Plan pursuant to section
39.811(8), Florida Statutes (2017), which the court will accept
and adopt upon filing. However, the trial court’s acceptance and
adoption of an amended case plan pursuant to section 39.811(8)
at some time in the future does not interfere with the finality of
the order of disposition for purposes of a parent’s right to appeal.
Because Appellant did not timely seek review of the order of
disposition, the appeal is hereby DISMISSED. This dismissal is
without prejudice to Appellant’s right to seek relief in the trial
court. In the Interest of E.H., 609 So. 2d 1289 (Fla. 1992).
ROBERTS, KELSEY, and WINSOR, JJ., concur.
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Not final until disposition of any timely and
authorized motion under Fla. R. App. P. 9.330 or
9.331.
_____________________________
Dana A. Taylor of the Law Office of Dana A. Taylor, P.A., Live
Oak, for Appellant.
Ward L. Metzger, Appellate Counsel, Children’s Legal Services,
Jacksonville, for Appellee.
Thomasina Moore, Statewide Director of Appeals, and Sara
Elizabeth Goldfarb, Appellate Counsel, Guardian ad Litem
Program, Tallahassee.
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