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DEPARTMENT OF CHILDREN AND FAMILIES v. C.G.

No. 5D06-835.

945 So.2d 656 (2007)

DEPARTMENT OF CHILDREN AND FAMILIES, Appellant, v. C.G. and J.A., Parents of E.A., A Child, Appellees.

District Court of Appeal of Florida, Fifth District.

January 10, 2007.

Attorney(s) appearing for the Case

Charles D. Peters, Orlando, for Appellant.

Gary Siegel, Fern Park, for Appellee C.G.

Helen N. Silva, Sanford, for Appellee J.A.

SAWAYA, J.

The Department of Children and Families argues, and Appellees, the parents, agree, that the trial court erred in dismissing the Department's dependency petition with prejudice without first giving the Department the opportunity to amend its petition. Fla. R. Juv. P. 8.310; Dep't of Health & Rehabilitative Servs. v. S.H., 666 So.2d 1039, 1040 (Fla. 1st DCA 1996); In Interest of A.S.,

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