IN RE T.W.

Nos. 2D0-1994, 2D02-1995.

846 So.2d 581 (2003)

In the Interest of T.W., Jr., and K.W., children, M.W. and T.W., Appellants, v. Department of Children and Families, Appellee.

District Court of Appeal of Florida, Second District.

April 30, 2003.


Attorney(s) appearing for the Case

Beth Harlan of Beth Harlan, P.A., Lakeland, for Appellants.

Douglas Sherman of Department of Children and Families, Bartow, for Appellee.


WHATLEY, Judge.

In this appeal of an order terminating their parental rights, both parents contend that the trial court erred in reopening the case after the parties had rested. We agree and reverse.

The trial in this matter began on December 5, 2001, and, because the guardian was not available to testify on that date, it was continued until January 29, 2002. After testimony was taken on January 29, both parties rested and the trial court announced, "So end...

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