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DEPARTMENT OF CHILDREN AND FAMILIES v. R.H.

No. 5D01-2116.

819 So.2d 858 (2002)

DEPARTMENT OF CHILDREN AND FAMILIES, Appellant, v. R.H., A Child, Appellee.

District Court of Appeal of Florida, Fifth District.

Rehearing Denied June 14, 2002.

Attorney(s) appearing for the Case

Eric D. Dunlap, Department of Children and Families, Orlando, for Appellant.

Juliette Koves, Attorney Ad Litem, Orlando, and James A. Boatman, Jr., Guardian Ad Litem, of Stump, Storey & Callahan, P.A., Orlando, for Appellee.

Timothy A. Straus of Moyer, Straus and Patel, P.A., Altamonte Springs, for Mother.

SAWAYA, J.

The Department of Children and Families (DCF) appeals from an order finding it in contempt for its failure to comply with a previous order requiring placement of R.H., an adjudicated dependent juvenile, with Minnie Jones (Jones), an out-of-state relative, by a certain date. DCF argues the court erred because it failed to find DCF had the ability to comply with the order.1 We agree and reverse.

R.H., two years old at...

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