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D.M. v. DEPARTMENT OF CHILDREN AND FAMILIES

No. 1D02-5276.

849 So.2d 423 (2003)

D. M., the Mother of D.W.M. and D.J. M., Children, Appellant, v. The DEPARTMENT OF CHILDREN AND FAMILIES, Appellee.

District Court of Appeal of Florida, First District.

July 11, 2003.

Attorney(s) appearing for the Case

Connie Renee Clay, Jacksonville, for Appellant.

Michael Kapperman, Assistant General Counsel, State of Florida, Department of Children and Families, Jacksonville, for Appellee.

PER CURIAM.

Appellant argues that the trial court's finding of acts constituting abandonment, abuse, and neglect, as defined in section 39.01, Florida Statutes (2002), was not supported by competent substantial evidence. We agree.

The record does not support the trial court's finding that appellant neglected her children by (i) leaving them alone in the house, and (ii) because of her alleged substance abuse problems. See C.C. v. Department of Children and...

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