J.B., THE FATHER v. DEPARTMENT OF CHILDREN AND FAMILIES

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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