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DEPARTMENT OF CHILDREN AND FAMILIES v. R.V.

No. 5D05-642.

917 So.2d 334 (2005)

DEPARTMENT OF CHILDREN AND FAMILIES, Appellant, v. R.V. and S.V., Parents of A.V., R.V., and M.V., etc, Appellees.

District Court of Appeal of Florida, Fifth District.

December 23, 2005.

Attorney(s) appearing for the Case

Ralph J. McMurphy, of Dept. Children & Families, Wildwood, for Appellant.

Elliott R. Ambrose, Brooksville, for Appellee.

GRIFFIN, J.

The Department of Children and Families ["the Department"] appeals an order granting appellees' motion to dismiss the Department's petition for dependency. We find there was a procedural error, and we vacate the dismissal.

On November 5, 2004, the Department filed a dependency petition against the parents of three minor children based on inadequate supervision. The petition alleged that the mother left her two-year-old in the car while she went...

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