A.C. v. Dep't of Children & Family Services

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NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DETERMINED IN THE DISTRICT COURT OF APPEAL OF FLORIDA SECOND DISTRICT In the interest of E.H., a child. A.C., Petitioner, v. DEPARTMENT OF CHILDREN AND FAMILY SERVICES, and GUARDIAN AD LITEM PROGRAM, Respondents. ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Opinion filed November 14, 2014. Petition for Writ of Certiorari to the Circuit Court for Hillsborough County; Elizabeth G. Rice, Judge. Melissa A. Cordon, Tampa, for Petitioner. Pamela Jo Bondi, Attorney General, Tallahassee, and Meredith Hall, Assistant Attorney General, Tampa, for Respondent Department of Children and Family Services. Jennifer S. Paullin, Guardian ad Litem Program, Sanford, for Respondent Guardian ad Litem Program. PER CURIAM. Case No: 2D14-3566 A.C., the mother in a termination of parental rights case, petitions this court for a writ of certiorari to quash a nonfinal order denying A.C.'s motion to set aside a previous order of consent by nonappearance. Because A.C. has failed to demonstrate that the order will result in material injury that cannot be corrected on postjudgment appeal, we dismiss the petition without prejudice to A.C. raising the same issue on direct appeal if and when a final termination order is rendered. See Harris v. State, 99 So. 3d 952, 952 (Fla. 2d DCA 2012) (table decision) (dismissing petition without prejudice to raise the issue again on direct appeal); see also Arnone v. State, 701 So. 2d 577, 579 (Fla. 2d DCA 1997) ("[T]his court's certiorari jurisdiction cannot be invoked unless the petitioner establishes that no adequate remedy is available on plenary appeal to correct the judicial error." (citing Parkway Bank v. Fort Myers Armature Works, Inc., 658 So. 2d 646, 649 (Fla. 2d DCA 1995))). Petition dismissed. CASANUEVA, VILLANTI, and WALLACE, JJ., Concur. -2-

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