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CASHION v. DEPARTMENT OF H & R SERV.

No. 93-2431.

630 So.2d 1244 (1994)

James CASHION and Caroline Cashion, Appellants, v. DEPARTMENT OF HEALTH & REHABILITATIVE SERVICES, et al., Appellees.

District Court of Appeal of Florida, Third District.

February 1, 1994.

Attorney(s) appearing for the Case

Keith, Mack, Lewis, Cohen & Lumpkin and Norman S. Segall, Miami, for appellants.

Robin H. Greene, Greenberg, Traurig, Hoffman, Lipoff, Rosen & Quentel, P.A., and Charles M. Auslander, Teresa Mary Pooler, Miami, and George L. Metcalfe, Coral Gables, for appellees.

Before COPE, GERSTEN and GODERICH, JJ.

PER CURIAM.

James and Caroline Cashion appeal an order dismissing their petition for termination of parental rights with prejudice. We agree with so much of the order as finds that the petition is premature, because there had been no adjudication of dependency. An adjudication of dependency is a required element for a termination of parental rights. § 39.467(3)(a), Fla. Stat. (1993). The dismissal, however, should have been without prejudice.

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