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C.C. v. DEPARTMENT OF CHILDREN AND FAMILIES

No. 5D06-1272.

946 So.2d 548 (2006)

C.C., Father of J.C., A Child, Appellant, v. DEPARTMENT OF CHILDREN AND FAMILIES, Appellee.

District Court of Appeal of Florida, Fifth District.

Opinion Denying Rehearing and Granting Clarification October 5, 2006.

Attorney(s) appearing for the Case

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

Charles D. Peters, Department of Children and Families, Orlando, for Appellee.

PLEUS, C.J.

C.C. appeals an order adjudicating his daughter, J.C., dependent as to him and ordering him to comply with a case plan. We reverse because there was no competent, substantial evidence in the record on appeal that C.C.'s acts of domestic violence occurred in the presence of J.C.

A child may be adjudicated dependent if the court finds by a preponderance of the evidence that the child has been abused. § 39.507(1)(b), Fla. Stat. (2005). "Abuse...

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