A.D. v. Department of Children and Families, 2013 WL 3742775 (Fla. 3d DCA)

The father appealed the trial court’s order terminating the mother’s parental rights. The father argued, “he was denied due process when the trial court refused to appoint counsel for him at the mother’s termination of parental rights proceedings and as a result, he was also denied his right to be heard at her trial.”

The Third District Court of Appeal (Third DCA) held that the father lacked standing to appeal because “Florida Rule of Appellate Procedure 9.146; permits “any parent … to the proceeding affected by an order of the lower tribunal” to appeal the final judgment.” Because the father was not affected by the trial court’s order terminating the mother’s parental rights, the appeal was dismissed for lack of standing.

The Third DCA noted although the father was a party to the child’s dependency case, he was not a party to the mother’s TPR proceeding.

Read the Opinion

Back