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W.T. v. DEPT. OF CHILDREN AND FAMILIES

No. 5D00-3425.

787 So.2d 184 (2001)

W.T., Father of W.T., A Child, Appellant, v. DEPARTMENT OF CHILDREN AND FAMILIES, Appellee.

District Court of Appeal of Florida, Fifth District.

Rehearing Denied June 1, 2001.

Attorney(s) appearing for the Case

Ryan Thomas Truskoski of Ryan Thomas Truskoski, P.A., Orlando, for Appellant.

Kelly A. Swartz of Child Welfare Legal Services Department of Children and Families, Orlando, for Appellee.

COBB, J.

The trial court adjudicated the minor child of W.T. dependent based upon an acrimonious relationship between W.T. and the child's mother. At the time of the adjudication, divorce proceedings between the parents were in progress. We agree with the father that the trial court utilized the wrong criterion for its finding of dependency.

As was held in Roberts v. Florida Dep't of Children and Families, 687 So.2d 51

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