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CMS v. SILVERS

No. 5D99-1111.

764 So.2d 727 (2000)

DEPARTMENT OF HEALTH, CHILDREN'S MEDICAL SERVICES, Appellant, v. Christina SILVERS, et al., Appellees.

District Court of Appeal of Florida, Fifth District.

Rehearing Denied August 4, 2000.

Attorney(s) appearing for the Case

Susan E. Lindgard, Senior Attorney, Department of Health, Children's Medical Services, Gainesville, for Appellant.

Carol Ann Volini, Ocala, for Appellees.

THOMPSON, C.J.

The Department of Health, Children's Medical Services (CMS), appeals a permanent injunction prohibiting it from obtaining a developmental evaluation of a dependent child. We affirm.

When the custody of the child was about to be transferred to the mother from medical foster care, the mother's attorney learned that the child's medical foster mother and CMS had scheduled the evaluation of the child. The mother, the guardian ad litem, and the Department...

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