DocketNumber: No. 90-1466
Citation Numbers: 568 So. 2d 1000, 1990 Fla. App. LEXIS 8330, 1990 WL 164979
Judges: Nimmons, Shivers, Smith
Filed Date: 10/25/1990
Status: Precedential
Modified Date: 10/18/2024
This is an appeal of the trial court’s order on a petition of dependency. Appellant raises three issues, only one of which warrants discussion. We affirm the order, but remand for clarification or modification.
Following a two-day adjudicatory hearing, the trial court entered an order stating, among other things, “the court does not find dependency and withholds an adjudication on the issue of dependency.” Appellant argues on appeal that a finding of no dependency and a withholding- of adjudication of dependency are mutually exclusive. We agree. Section 39.409, Florida Statutes (1989), entitled “Orders of adjudication,” states as follows:
(1) If the court finds that the child named in a petition is not dependent, it shall enter an order so finding and dismissing the case.
(2) If the court finds that the child named in the petition is dependent, but finds that no action other than supervision in his own home is required, it may enter an order briefly stating the facts upon which its finding is based, but withholding an order of adjudication and placing the child’s home under the supervision of the department....
The trial court in the instant case clearly withheld adjudication on the issue of D.G.’s and P.G.’s dependency, and ordered the parents’ home to be placed under the supervision of the Department. According to the above statute, such a disposition would
AFFIRMED in part, and REMANDED for clarification or modification.