M.B. v. DEP'T OF CHILDREN AND FAMILIES

No. 4D19-3631.

299 So.3d 15 (2020)

M.B., the Father, Appellant, v. State of Florida, DEPARTMENT OF CHILDREN AND FAMILIES, Appellee.

District Court of Appeal of Florida, Fourth District.

April 29, 2020.


Attorney(s) appearing for the Case

Bernard R. Appleman of the Law Office of Bernard R. Appleman , Fort Lauderdale, for appellant.

Ashley Moody , Attorney General, Tallahassee, and Carolyn Schwarz , Assistant Attorney General, Children's Legal Services, Fort Lauderdale, for appellee.

Thomasina F. Moore , Statewide Director of Appeals, and Samantha C. Valley , Senior Attorney, Statewide Guardian Ad Litem Office, Tallahassee, for Guardian Ad Litem Program.


The trial court entered a constructive consent to termination of parental rights against the father shortly before he arrived fifty minutes late for his trial. The trial court then denied his motion to vacate the constructive consent. We reverse.

Section 39.801(3)(d), Florida Statutes (2019), expressly authorizes the entry of a consent...

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