H.S.S., THE FATHER v. DEPARTMENT OF CHILDREN AND FAMILIES
CourtDistrict Court of Appeal of Florida
Date FiledMay 13, 2020
Docket3D20-0091
StatusPublished
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Full Opinion
Third District Court of Appeal
State of Florida
Opinion filed May 13, 2020.
Not final until disposition of timely filed motion for rehearing.
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No. 3D20-0091
Lower Tribunal No. 19-15242
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H.S.S., the father,
Appellant,
vs.
Department of Children and Families, et al.,
Appellees.
An Appeal from the Circuit Court for Miami-Dade County, Carlos Lopez,
Judge.
Law Office of Amber B. Glasper, P.A., and Amber B. Glasper, for appellant.
Karla Perkins, for appellee Department of Children and Families; Laura J. Lee
(Tallahassee) and Thomasina F. Moore (Tallahassee), for appellee Guardian ad
Litem Program.
Before LOGUE, SCALES, and LINDSEY, JJ.
PER CURIAM.
“[A] trial court’s determination of dependency is a mixed question of law and
fact, which will be upheld on appeal if the trial court applied the correct law and its
ruling is supported by competent substantial evidence.” L.C.R. v. Dep’t of Children
& Families, 207 So. 3d 339, 339 (Fla. 3d DCA 2016) (alteration in original) (quoting
J.C. v. Fla. Dep’t of Children & Family Servs., 937 So. 2d 184, 186 (Fla. 3d DCA
2006)). We affirm because the trial court applied the correct law and because
competent substantial evidence supports the court’s findings of actual abuse and
neglect—either one of which is sufficient to affirm. See T.R. v. Dep’t of Children
& Families, 864 So. 2d 1278, 1280 (Fla. 5th DCA 2004) (“A finding of dependency
is not a termination, but an opportunity to restore and hopefully repair a family
heading in the wrong direction.”).
Affirmed.
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