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YELVERTON v. STATE

No. 85-118.

475 So.2d 1038 (1985)

Joanna YELVERTON a/k/a Joanna Scull, Appellant, v. The STATE of Florida, DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES, Appellee.

District Court of Appeal of Florida, Fifth District.

October 3, 1985.

Attorney(s) appearing for the Case

Eric V. Gill, Port Orange, for appellant.

No appearance for appellee.

COBB, Chief Judge.

In this case the mother of a child permanently committed for adoption appeals that judgment. Although several issues are raised, the appellant's fourth point is dispositive in light of recent action by the Florida Supreme Court. That point is framed:

THE TRIAL COURT ERRED IN NOT REQUIRING APPELLEE TO COMPLY WITH SECTION 409.168(3)(A), FLORIDA STATUTES, WHICH REQUIRES A PERFORMANCE AGREEMENT IN EACH CASE WHERE CUSTODY OF A

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