C.L. v. DEPT. OF CHILDREN AND FAMILIES

No. 1D11-1941.

66 So.3d 411 (2011)

C.L., Father of H.D. and T.A.D., Appellant, v. FLORIDA DEPARTMENT OF CHILDREN AND FAMILIES, Appellee.

District Court of Appeal of Florida, First District.

August 4, 2011.


Attorney(s) appearing for the Case

Lucas Jordan Taylor , Live Oak, for Appellant.

Tracy Sorcek , Department of Children and Families, Tallahassee; Monica Taibl , Guardian Ad Litem, Lake City; Ward L. Metzger , Children's Legal Services, Jacksonville; Kelley Schaeffer , Guardian Ad Litem Program, Tavares, for Appellee.


PER CURIAM.

We conclude that the trial court erred in holding the final hearing on termination of parental rights at a time when the appellant could not be present. Although the appellant was aware that his failure to appear at the hearing would be deemed a consent to termination, he had informed the court prior to the hearing that he could not attend on the scheduled date because he was working in Louisiana and could neither miss work nor afford to make the trip...

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