H.B. v. DEPARTMENT OF CHILDREN AND FAMILIES

No. 5D07-3759.

987 So.2d 808 (2008)

H.B., father of M.B., a child, Appellant, v. DEPARTMENT OF CHILDREN AND FAMILIES, Appellee.

District Court of Appeal of Florida, Fifth District.

August 11, 2008.


Attorney(s) appearing for the Case

Lawrence P. Cartelli, Assistant Regional Counsel, Office of Criminal Conflict and Civil Regional Counsel, Tavares, for Appellant.

Susan W. Fox of Fox & Loquasto, P.A., Tampa, Wendy S. Loquasto of Fox & Loquasto, P.A., Tallahassee, and Joyce C. Miller, Department of Children and Families, Wildwood, for Appellee.

Tracy L. Ellis, of Guardian ad Litem Program, Orlando, for Guardian ad Litem Program.


EVANDER, J.

The father, H.B., appeals from an order adjudicating his daughter, M.B., dependent. The evidence, taken in the light most favorable to the Department of Children and Families ("DCF"), established that on July 9, 2007, the father's paramour physically abused M.B. The father contends, however, that the evidence was insufficient to prove that he abused or neglected the child. We agree.

The physical abuse incident occurred shortly before M.B.'s third...

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