S.M. 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 M.M. and G.M., children. S.M., Petitioner, v. DEPARTMENT OF CHILDREN AND FAMILY SERVICES, Respondent. Opinion filed June 24, 2011. Petition for Writ of Certiorari to the Circuit Court for Pasco County; William R. Webb, Judge. John E. Hendry, Regional Counsel, Second District, Office of Criminal Conflict and Civil Regional Counsel, Bartow; and Cynthia Cholmondeley, Special Assistant Regional Counsel, New Port Richey, for Petitioner. Bernie McCabe, State Attorney, and Jennifer Barbookles, Assistant State Attorney, Clearwater, for Respondent Department of Children and Family Services. ) ) ) ) ) ) ) ) ) ) ) ) ) ) Case No. 2D11-2511 ALTENBERND, Judge. S.M., the father, has filed a petition for writ of certiorari seeking to vacate a nonfinal order entered after a status review hearing in a dependency proceeding. The order suspended his supervised visitation and contact with his children, M.M. and G.M. The Department of Children and Family Services concedes that the trial court departed from the essential requirements of law in suspending visitation without finding that visitation was not in the best interest of the children. Based on this concession of error, we grant the petition for writ of certiorari, vacate the order, and remand for further proceedings as we did recently in V.S. v. Department of Children & Family Services, 35 Fla. L. Weekly D2479 (Fla. 2d DCA Nov. 10, 2010). See also R.P. v. Dep't of Children & Families, 41 So. 3d 432 (Fla. 3d DCA 2010). Petition granted. WHATLEY and KELLY, JJ., Concur. -2-
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