L.P. v. DCF

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IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED L.P., FATHER OF L.P. AND K.P., CHILDREN, Appellant, v. Case No. 5D14-2549 DEPARTMENT OF CHILDREN AND FAMILIES, Appellee. ________________________________/ Opinion filed October 15, 2014 Appeal from the Circuit Court for Volusia County, Thomas G. Portuallo, Judge. Jeffrey Deen, Appellate Counsel, and Ryan Thomas Truskoski, Special Assistant Regional Counsel, of Office of the Criminal and Civil Regional Counsel, Casselberry, for Appellant. Ward L. Metzger, of Department of Children and Families, Jacksonville, for Appellee. Wendie Michelle Cooper, of Guardian ad Litem Program, Tavares, for Guardian ad Litem. PER CURIAM. AFFIRMED. See M.A. v. Dep't of Children & Families, 814 So. 2d 1244, 1244 (Fla. 5th DCA 2002) (finding "the trial court could not terminate the father's parental rights under section 39.806(1)(e), Florida Statutes, because the children were not adjudicated dependent 'as to him,'" but "nonetheless affirm[ing] the trial court's order of termination because parental rights may be terminated without a finding of dependency when abandonment is proven pursuant to the requisites of section 39.806(1)(b)"). SAWAYA, BERGER and WALLIS, JJ., concur. 2

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