E.A. v. DEPARTMENT OF CHILDREN AND FAMILIES

No. 5D04-1904.

894 So.2d 1049 (2005)

E.A., Father of B.S. and B.S., Children, Appellant, v. DEPARTMENT OF CHILDREN AND FAMILIES, Appellee.

District Court of Appeal of Florida, Fifth District.

Rehearing Denied March 2, 2005.


Attorney(s) appearing for the Case

Ryan Thomas Truskoski of Ryan Thomas Truskoski, P.A., Orlando, for Appellant.

Charles D. Peters, Orlando, for Appellee.


MONACO, J.

The appellant, E.A., seeks review of a judgment terminating his parental rights to his children, B.S. and B.S. The judgment was based upon E.A.'s implied consent to the termination, resulting from his late arrival at an adjudicatory hearing. See § 39.801(3)(d), Fla. Stat. (2004). Because we conclude that under the circumstances the trial judge abused his discretion in not setting aside his finding of implied consent, we reverse.

The...

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