KINCAID v. DEPT. OF HEALTH & REHAB. SERV.

No. 95-2169.

673 So.2d 129 (1996)

Robert KINCAID, Sr., Appellant, v. DEPARTMENT OF HEALTH & REHABILITATIVE SERVICES OF the STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

May 8, 1996.


Attorney(s) appearing for the Case

Peter Jorgensen, Vero Beach, for appellant.

Joseph J. Masi, Vero Beach, for appellee.


FARMER, Judge.

The trial court abused its discretion in denying the stipulated motion for continuance of the final hearing to determine whether appellant's parental rights should be terminated. The grounds asserted were not pretextual, were supported by record evidence, and demonstrated undeniable good cause. Moreover, there is nothing in the record suggesting collusive conduct by counsel—that the lawyers were simply engaged in foot-dragging to delay a scheduled...

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