A.M.T. v. STATE

No. 1D03-2830.

883 So.2d 302 (2004)

A.M.T., father of A.D.T., A.D.T. and A.M.T., et al, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, First District.

August 25, 2004.


Attorney(s) appearing for the Case

Marsha W. Montgomery, Pensacola, for Appellant.

Katie George and Richard D. Cserep, Dept. of Children & Families, Pensacola, for Appellee.


HAWKES, J.

We are confronted with a situation where a trial court: 1) sheltered minor children without taking sworn testimony to establish a factual basis justifying shelter; and 2) adjudicated children dependent without competent, substantial evidence to support the only allegation in the petition for dependency that would justify a finding of dependency. Because of these errors, we reverse.

Background

Appellant was the custodial parent of...

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