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IN RE A.N.D.

No. 2D03-4501.

883 So.2d 910 (2004)

In the Interest of A.N.D., a child. T.L.D., mother, Appellant, v. Department of Children and Family Services, Appellee.

District Court of Appeal of Florida, Second District.

October 6, 2004.

Attorney(s) appearing for the Case

Donald J. Frenette of Donald J. Frenette, P.A., Lake Wales, for Appellant.

Douglas B. Sherman, Department of Children and Family Services, Bartow, for Appellee.

ALTENBERND, Chief Judge.

T.L.D. appeals a judgment terminating her parental rights to her child, A.N.D. The judgment was entered based upon T.L.D.'s implied consent to the termination, which resulted from her failure to appear at the adjudicatory hearing. See § 39.801(3)(d), Fla. Stat. (2002). Because we conclude the trial court applied the wrong analysis in ruling on T.L.D.'s motion to set aside her implied consent, we reverse the judgment and remand...

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