O. K. v. Dept. of Children & Families
CourtDistrict Court of Appeal of Florida
Date FiledDecember 28, 2022
Docket2D22-1608
StatusPublished
📰 News Coverage: Read the LAWS.com news report on this case
Full Opinion
DISTRICT COURT OF APPEAL OF FLORIDA
SECOND DISTRICT
In the Interest of A.K., a child.
O.K.,
Appellant,
v.
DEPARTMENT OF CHILDREN AND FAMILIES,
Appellee.
No. 2D22-1608
December 28, 2022
Appeal from the Circuit Court for Pinellas County; James V. Pierce,
Judge.
Ita M. Neymotin, Regional Counsel, Fort Myers, and David C. Chafin,
Assistant Regional Counsel, Clearwater, for Appellant.
Bruce Bartlett, State Attorney, and Leslie M. Layne, Assistant State
Attorney, Sixth Judicial Circuit of Florida, Clearwater, for Appellee.
PER CURIAM.
O.K. (the Father) appeals the trial court's April 18, 2022, Amended
Order on Permanency Judicial Review, Order on Father's Motion for
Reunification and Order Releasing Supervision and Relinquishing
Jurisdiction. Because the Father did not preserve the issues raised in
his briefs by filing a motion for rehearing, we affirm the trial court's April
18, 2022, order. See A.M. v. Dep't of Child. & Fams., 118 So. 3d 998, 999
(Fla. 1st DCA 2013) ("[I]f statutory deficiencies existed in the trial court's
order, [a]ppellant needed to preserve these issues 'by a motion for
rehearing or . . . [by otherwise bringing] the claimed deficiency to the
attention of the trial court at a point when it could have been corrected.' "
(third alteration in original) (quoting D.T. v. Dep't of Child. & Fams., 54
So. 3d 632, 622 (Fla. 1st DCA 2011))).
The Father also raises in this appeal issues related to the trial
court's July 6, 2022, Order Denying Father's Motion to Compel Child's
Return to Florida and Motion for Rehearing (July 6, 2022, Order).
Because the July 6, 2022, Order was subject to appeal in case number
2D22-2263, which was dismissed by this court, we reject the Father's
arguments related to that order. See Clearwater Fed. Sav. & Loan Ass'n.
v. Sampson, 336 So. 2d 78, 79 (Fla. 1976) (holding that orders rendered
after judgment that adjudicates rights that were not adjudicated in the
original final judgment are separate final and distinct orders that require
their own appeal); see also M.C.G. v. Hillsborough Cnty. Sch. Bd., 927 So.
2d 224, 228 (Fla. 2d DCA 2006) (affirming a final agency order "[b]ased
on the determination made in the appellants' case that we previously
considered"); Friends of the Everglades, Inc. v. City of Miami, 485 So. 2d
856, 856 (Fla. 1st DCA 1986) (affirming final order where the issues
raised in the current appeal had already been decided by the appellate
court in two prior appeals).
Affirmed.
LaROSE, KHOUZAM, and SMITH, JJ., Concur.
Opinion subject to revision prior to official publication.
2