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J.R. v. STATE, DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES

No. 94-1120.

643 So.2d 1210 (1994)

J.R., father of M.R., A.R., and J.R., children, Appellant, v. STATE, DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES, Appellee.

District Court of Appeal of Florida, First District.

October 24, 1994.

Attorney(s) appearing for the Case

Sharon L. Ray, Marianna, for appellant.

Brantley S. Clark, Jr., Sr. Atty., Dept. of Health and Rehabilitative Services, Marianna, for appellee.

PER CURIAM.

We agree with appellant that the finding of neglect on the part of the father in the order of adjudication is not supported by a preponderance of the evidence in the record. On remand, the trial court should excise the finding that "[t]he evidence also was sufficient to prove by a preponderance of the evidence that [J.R.] neglected his children by allowing the children to live in that environment and failing to protect them from their

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