K. K. v. Department of Children and Families, Statewide
CourtDistrict Court of Appeal of Florida
Date FiledNovember 13, 2026
Docket2D2026-0717
StatusPublished
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Full Opinion
DISTRICT COURT OF APPEAL OF FLORIDA
SECOND DISTRICT
In the Interest of R.K. and B.K., children.
K.K.,
Appellant,
v.
DEPARTMENT OF CHILDREN AND FAMILIES;
STATEWIDE GUARDIAN AD LITEM OFFICE; and S.K., Father,
Appellees.
No. 2D2026-0717
November 13, 2026
Appeal from the Circuit Court for Hillsborough County; Daryl M.
Manning, Judge.
K.K., pro se.
Tara Scott Lynn of Law Offices of Tara J. Scott, P.A., Oldsmar, for
Appellee S.K.
Mary Soorus, Children's Legal Services, Tampa, for Appellee Department
of Children and Families.
Sara Elizabeth Goldfarb, Statewide Director of Appeals, and Sarah Todd
Weitz, Senior Attorney, Appellate Division, Tallahassee, for Appellee
Statewide Guardian ad Litem Office.
LaROSE, Judge.
K.K. (the Mother) appeals the trial court's order dismissing her
dependency petition. We have jurisdiction. See Fla. R. App. P.
9.030(b)(1)(A).
The Mother contends that the trial court abused its discretion in
dismissing the petition without allowing an opportunity to amend. We
agree. See Fla. R. Juv. P. 8.310(d); Dep't of Health & Rehab. Servs. v.
S.H., 666 So. 2d 1039, 1040 (Fla. 1st DCA 1996) ("The court erred,
however, in dismissing the petition to determine T.H. dependent on the
ground that HRS had failed to allege in its petition the specific acts of
negligence and/or abandonment proved at trial. This was error, because
Florida Rule of Juvenile Procedure 8.310(d) precludes dismissal of a
petition 'on account of any defect in the form of the petition.' "); In re A.S.,
586 So. 2d 1072, 1073 (Fla. 1st DCA 1991) ("Generally, a dependency
petition should not be dismissed for being vague, indistinct or
misleading, but rather is subject only to a motion for a more definite
statement.").
Thus, we reverse the order and remand to the trial court for further
proceedings.
Reversed and remanded.
ROTHSTEIN-YOUAKIM and LABRIT, JJ., Concur.
Opinion subject to revision prior to official publication.
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