R.C. v. Depart. 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 R.C. and A.C., children. R.C., Appellant, v. DEPARTMENT OF CHILDREN AND FAMILY SERVICES and GUARDIAN AD LITEM PROGRAM, Appellees. ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Case No. 2D07-5263 Opinion filed October 9, 2009. Appeal from the Circuit Court for Hardee County; Marcus J. Ezelle, Judge. Elizabeth Greer of Law Office of Elizabeth Greer, P.A., Lakeland, for Appellant. Earl F. Hack, III, Wauchula, for Appellee Department of Children and Family Services. Jennifer S. Paullin, Tavares, for Appellee Guardian ad Litem Program. VILLANTI, Judge. The Department of Children and Family Services and the Guardian ad Litem have conceded that the orders adjudicating R.C.'s children dependent as to him should be reversed because the evidence was insufficient to support the adjudication of dependency. Having reviewed the record on appeal, we agree. Accordingly, we reverse and remand with directions to return the children to R.C. The children remain dependent as to their mother. Reversed and remanded with directions. FULMER and NORTHCUTT, JJ., Concur. -2-

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