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IN INTEREST OF J.M.

No. 90-0387.

560 So.2d 343 (1990)

In the Interest of J.M., a/k/a J.W. a Minor Child.

District Court of Appeal of Florida, Fourth District.

April 25, 1990.

Attorney(s) appearing for the Case

Mayer Gattegno of Steinberg & Gattegno, Coral Springs, and Russell S. Bohn of Edna L. Caruso, P.A., West Palm Beach for appellants — Lou and Betty Melton.

James Kuter of State of Fla., Dept. of Health and Rehabilitative Services, Fort Lauderdale, for appellee — State of Fla. Dept. of Health and Rehabilitative Services.

PER CURIAM.

Appellants, the maternal grandparents of J.M., appeal the circuit court's order dismissing their petition for dependency on the motion of the Department of Health and Rehabilitative Services (HRS). Relying on McCutcheon v. Trettis, 501 So.2d 710 (Fla. 2d DCA 1987), the lower court reasoned that it had no authority to proceed in the case since HRS desired a dismissal. McCutcheon, however, is distinguishable...

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