R.J. v. DEPARTMENT OF CHILDREN AND FAMILIES

No. 4D05-911.

906 So.2d 347 (2005)

R.J., Petitioner, v. DEPARTMENT OF CHILDREN AND FAMILIES, State of Florida, Respondent.

District Court of Appeal of Florida, Fourth District.

July 13, 2005.


Attorney(s) appearing for the Case

Andrew A. Holness of Andrew A. Holness, P.A., Fort Lauderdale, for petitioner.

Charles J. Crist, Jr., Attorney General, Tallahassee, for Jeffrey P. Bassett, Assistant Attorney General, Fort Lauderdale, for respondent.


FARMER, J.

The Mother in a dependency proceeding seeks review of a non-final order removing her children and changing temporary placement to the Department of Children and Families (DCF). She argues that the trial court departed from the essential requirements of law in violation of her due process rights by reconsidering a shelter petition that the assigned judge had twice previously denied after evidentiary hearings. We agree. Because the resulting harm cannot be...

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