S.M.K., Sr. v. Department of Children & Families

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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 N.K., a child. S.M.K., SR., Appellant, v. DEPARTMENT OF CHILDREN AND FAMILIES and GUARDIAN AD LITEM PROGRAM, Appellees. ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Case No. 2D17-3352 Opinion filed October 20, 2017. Appeal from the Circuit Court for Lee County; Robert J. Branning, Judge. S.M.K., Sr., pro se. Meredith K. Hall of Children's Legal Services, Bradenton, for Appellee Department of Children and Families. Sara E. Goldfarb and Wendie M. Cooper, Sanford, for Appellee Guardian ad Litem Program. PER CURIAM. S.M.K., Sr. ("S.M.K."), appeals an order dismissing a petition for writ of habeas corpus, which this court transferred to the trial court (case number 2D17-423) to determine whether S.M.K. is entitled to a belated appeal from a dependency order that was entered with respect to one of his children, N.K. Because the trial court failed to determine whether S.M.K. is entitled to a belated appeal of the dependency order, we reverse the order dismissing the petition for writ of habeas corpus and remand for further proceedings. Reversed and remanded. KHOUZAM, SALARIO, and ROTHSTEIN-YOUAKIM, JJ., Concur. -2-

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