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S.M. v. DEPARTMENT OF CHILDREN AND FAMILIES

No. 5D04-3440.

890 So.2d 552 (2005)

S.M., Mother of M.M. a Child, Petitioner, v. DEPARTMENT OF CHILDREN AND FAMILIES, Respondent.

District Court of Appeal of Florida, Fifth District.

January 14, 2005.

Attorney(s) appearing for the Case

Timothy A. Straus of Moyer, Straus & Patel, P.A., Altamonte Springs, for Petitioner.

Charles D. Peters, Orlando, for Respondent.

PER CURIAM.

S.M. seeks this court to require the lower court to vacate an order entered in a dependency proceeding under which S.M.'s child was placed in emergency, temporary shelter. The sole issue is whether the lower court erred in denying S.M.'s request to present testimonial evidence from a witness who was neither a parent nor legal custodian of the child. We treat the petition as an appeal pursuant to Florida Rule of Appellate Procedure 9.146 and reverse. Fla...

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