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IN RE S.H.

No. 2D08-834.

992 So.2d 316 (2008)

In the Interest of S.H., T.H., S.H., and S.H., children. S.H., Appellant, v. Department of Children and Family Services and Sally Fulp, Guardian ad Litem, Appellees.

District Court of Appeal of Florida, Second District.

Rehearing Denied October 27, 2008.

Attorney(s) appearing for the Case

Kimberly Nolen Hopkins, Tampa, for Appellant.

Bernie McCabe, State Attorney and Susan M. Williams, Assistant State Attorney, Clearwater, for Appellee Department of Children & Family Services.

Ama N. Appiah, Orlando, for Appellee Sally Fulp.

LaROSE, Judge.

S.H. argues that the trial court erroneously terminated his parental rights to his four children based solely on his incarceration. We have jurisdiction. See Fla. R.App. P. 9.146. We agree with S.H. and reverse.

The Department of Children and Family Services (DCF) filed an amended petition to terminate S.H.'s parental rights pursuant to section 39.806(1)(d)(1), Florida Statutes (2007). In pertinent part, the statute provides for termination...

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