J.M. v. DEPARTMENT OF CHILDREN & FAMILIES

Case No. 5D05-3544.

938 So.2d 620 (2006)

J.M., MOTHER OF A.F., A CHILD, Appellant, v. DEPARTMENT OF CHILDREN AND FAMILIES, et. al. Appellee.

District Court of Appeal of Florida, Fifth District.

Opinion filed October 5, 2006.


Attorney(s) appearing for the Case

David T. Young of David T. Young, P.A., Rockledge, for Appellant.

Charles D. Peters, Orlando, for Appellee.

Kelly A. Swartz and Thomas Wade Young, Orlando, for Guardian Ad Litem Program.


TORPY, J.

In this parental rights termination case, the only issue that we need consider is whether the trial court erred by denying Appellant's motion to set aside the final judgment because of insufficient service of process. We conclude that, because the Department did not conduct a diligent search for Appellant in an effort to effect actual service of process, constructive service was not proper. Therefore, we reverse the challenged order and remand this cause...

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