Jeanne T. Tate, Esq. and S. A. C. v. C. O. W.
CourtDistrict Court of Appeal of Florida
Date FiledJuly 17, 2020
Docket2D19-2560
StatusPublished
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Full Opinion
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 P.L.H., a child. )
___________________________________)
)
JEANNE T. TATE, ESQ., and S.A.C., )
)
Appellants, )
)
v. ) Case No. 2D19-2560
)
C.O.W., )
)
Appellee. )
)
Opinion filed July 17, 2020.
Appeal from the Circuit Court for
Hillsborough County; Christine A.
Marlewski, Judge.
Jeanne T. Tate of Jeanne T. Tate, P.A.,
Tampa, for Appellant Jeanne T. Tate,
Esq.
Amy U. Hickman of Hausmann and
Hickman, P.A., Boynton Beach, for
Appellant S.A.C.
Katie Jay of Katie Jay, P.A., Fort
Lauderdale, for Amicus Curiae Florida
Adoption Council.
Madonna M. Finney of The Law Office of
Madonna M. Finney, Tallahassee; Mark
D. Fiddler of Fiddler Osband, LLC,
Edina, Minnesota; and James B. Outman
of Hester Outman LLC, Atlanta, Georgia,
for Amicus Curiae The Academy of
Adoption & Assisted Reproduction
Attorneys, Inc.
Jean Marie Henne of Jean M. Henne,
P.A., Winter Haven; and Anthony
Marchese of Anthony B. Marchese, P.A.,
Tampa, for Appellee.
PER CURIAM.
Jeanne T. Tate, Esq., the adoption entity, and S.A.C., the mother, appeal
from an amended final judgment dismissing their petition for the termination of the
parental rights of C.O.W., the unmarried biological father, pending the adoption of the
child. Because the trial court's reservation of jurisdiction over "any further action
relating to these parties or the minor child" is overbroad in this case, we reverse that
portion of the amended final judgment and remand for vacatur of that language in the
reservation-of-jurisdiction provision. Because competent substantial evidence supports
the court's significant factual findings and the adoption entity and the mother have not
demonstrated that the court otherwise abused its discretion or reversibly erred as a
matter of law, we affirm in all other respects without discussion. See N.A.G. v. J.L.G.,
198 So. 3d 1025, 1028 (Fla. 2d DCA 2016) (reviewing a trial court's abandonment
determination under chapter 63, Florida Statutes (2015), we explained "[t]his court must
determine if the trial court's ruling is supported by competent substantial evidence, and
our review of the trial court's termination order is highly deferential").
Affirmed in part; reversed in part; remanded.
CASANUEVA, ROTHSTEIN-YOUAKIM, and SMITH, JJ., Concur.
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