T. R., Father of J.W., a Minor Child v. Department of Children and Families
CourtSupreme Court of Florida
Date FiledSeptember 10, 2026
DocketSC2026-0557
StatusPublished
📰 News Coverage: Read the LAWS.com news report on this case
Full Opinion
Supreme Court of Florida
____________
No. SC2026-0557
____________
T.R., FATHER OF J.W., A MINOR CHILD,
Petitioner,
vs.
DEPARTMENT OF CHILDREN AND FAMILIES, et al.,
Respondents.
September 10, 2026
PER CURIAM.
T.R., a pro se litigant, filed a petition for writ of habeas corpus
with this Court. 1 The petition raised issues concerning dependency
proceedings and the termination of Petitioner’s parental rights in
Fourth Judicial Circuit (Clay County) case number
102023DP000105DPAXXX.
After Petitioner’s minor child was adjudicated dependent on
April 23, 2024, Petitioner appealed and the Fifth District Court of
Appeal per curiam affirmed the ruling. See T.R. v. Dep’t of Child. &
1. We have jurisdiction. See art. V, § 3(b)(9), Fla. Const.
Fams., 430 So. 3d 231 (Fla. 5th DCA 2025) (Mem). Petitioner’s
parental rights were subsequently terminated (“TPR”) in April 2025,
followed by full appellate review in the Fifth District, which per
curiam affirmed the TPR in October 2025. See T.R. v. Dep’t of Child.
& Fams., 426 So. 3d 550 (Fla. 5th DCA 2025) (Mem). On
December 18, 2025, the circuit court issued an order in case
number 102023DP000105DPAXXX, terminating jurisdiction and
instructing the clerk to close the case after a final judgment of
adoption was entered for the child.
Including the habeas petition in this case, Petitioner has filed
16 pro se extraordinary writ petitions or notices with this Court
since 2025, all related to Fourth Judicial Circuit case number
102023DP000105DPAXXX. The Court has never granted the relief
sought in any of Petitioner’s cases; all petitions or notices to invoke
were either denied, dismissed, or transferred. 2 His petition in this
2. See T.R. v. Dep’t of Child. & Fams., No. SC2026-0850 (Fla.
July 20, 2026) (mandamus denied); T.R. v. Clay Cnty. Clerk of Ct.,
No. SC2026-0533 (Fla. Apr. 9, 2026) (mandamus transferred); T.R.
v. Dep’t of Child. & Fams., No. SC2026-0421 (Fla. Mar. 30, 2026)
(prohibition dismissed); T.R. v. Dep’t of Child. & Fams., No. SC2026-
0245 (Fla. Mar. 30, 2026) (habeas dismissed); T.R. v. Dep’t of Child.
& Fams., No. SC2026-0233 (Fla. Mar. 30, 2026) (mandamus
dismissed); T.R. v. Dep’t of Child. & Fams., No. SC2026-0208 (Fla.
-2-
case is no exception. Petitioner argued that his minor child had
been unlawfully restrained due to multiple trial court errors and an
incomplete record on appeal. He sought an order vacating the final
judgment and authorizing the immediate return of the child to his
custody and an immediate stay preventing enforcement of the TPR
and the adoption proceedings. On June 8, 2026, we dismissed the
habeas petition as moot and expressly retained jurisdiction to
pursue possible sanctions against Petitioner. T.R. v. Dep’t of Child.
& Fams., No. SC2026-0557 (Fla. June 8, 2026); see Fla. R. App. P.
9.410(a) (Sanctions; Court’s Motion). We now find that Petitioner
has failed to show cause why he should not be barred, and we
sanction him as set forth below.
Feb. 13, 2026) (habeas transferred); T.R. v. Dep’t of Child. & Fams.,
No. SC2025-2044 (Fla. Dec. 23, 2025) (notice to invoke dismissed);
T.R. v. Dep’t of Child. & Fams., No. SC2025-2043 (Fla. Dec. 23,
2025) (notice to invoke dismissed); T.R. v. Dep’t of Child. & Fams.,
No. SC2025-1948 (Fla. Dec. 19, 2025) (mandamus denied); T.R. v.
Dep’t of Child. & Fams., No. SC2025-1835 (Fla. Dec. 3, 2025)
(prohibition denied); T.R. v. Dep’t of Child. & Fams., No. SC2025-
1783 (Fla. Nov. 19, 2025) (mandamus denied); T.R. v. Dep’t of Child.
& Fams., No. SC2025-1712 (Fla. Nov. 3, 2025) (habeas transferred);
T.R. v. Dep’t of Child. & Fams., No. SC2025-1603 (Fla. Oct. 16,
2025) (prohibition transferred); T.R. v. Dep’t of Child. & Fams., No.
SC2025-1597 (Fla. Oct. 14, 2025) (mandamus dismissed); T.R. v.
Dep’t of Child. & Fams., No. SC2025-0233 (Fla. Feb. 18, 2025)
(notice to invoke dismissed).
-3-
In response to this Court’s show cause order, Petitioner
repeats much of the argument found in his petition. He insists that
his pleadings are justified, disputes that they are frivolous, and
based on his assertion that his rights as a biological parent remain
intact despite the TPR, indicates that he will persist in challenging
the dependency proceedings and the TPR.
“Frivolous” is defined as “[l]acking in high purpose; trifling,
trivial, and silly” and “[l]acking a legal basis or legal merit;
manifestly insufficient as a matter o[f] law.” Black’s Law Dictionary
(12th ed. 2024); see also Neitzke v. Williams, 490 U.S. 319, 325
(1989) (stating that a complaint is frivolous “where it lacks an
arguable basis either in law or in fact”). Regarding the instant
petition, Petitioner’s assertion of his right to habeas relief as a
biological parent lacks a sufficient basis in law or in fact. This
Court has held that “an order of termination of parental rights
permanently deprives the parents or legal guardian of any right to
the child.” Stefanos v. Rivera-Berrios, 673 So. 2d 12, 13 (Fla. 1996)
(citing section 39.469, now renumbered section 39.811). Any rights
the natural parent may have had regarding the child are
permanently forfeited and cannot be reopened by means other than
-4-
a proper appeal of the order terminating parental rights. Id. Here,
the circuit court’s final judgment terminating Petitioner’s parental
rights was per curiam affirmed by the Fifth District on appeal.
Habeas can only be used to obtain custody of a child wrongfully
withheld. Here, however, Petitioner’s parental rights have been
terminated so that he has no right to custody, and no basis for
habeas relief. As a result, Petitioner’s claims in the present case are
frivolous, and his claims in the prior cases before this Court were
similarly frivolous.
Upon consideration of Petitioner’s response, we find that he
has failed to show cause why sanctions should not be imposed.
Therefore, based on Petitioner’s extensive history of filing pro se
petitions and requests for relief that were frivolous or otherwise
inappropriate for this Court’s review, we now find that he has
abused the Court’s limited judicial resources. See Pettway v.
McNeil, 987 So. 2d 20, 22 (Fla. 2008) (explaining that this Court
has previously “exercised the inherent judicial authority to sanction
an abusive litigant” and that “[o]ne justification for such a sanction
lies in the protection of the rights of others to have the Court
-5-
conduct timely reviews of their legitimate filings”). If no action is
taken, Petitioner will continue to burden the Court’s resources.
Accordingly, we direct the Clerk of this Court to reject any
future pleadings or other requests for relief submitted by T.R. that
are related to the dependency proceedings, and appeals thereof, in
Fourth Judicial Circuit case number 102023DP000105DPAXXX,
unless such filings are signed by a member in good standing of The
Florida Bar.
No motion for rehearing or clarification will be considered by
this Court.
It is so ordered.
COURIEL, C.J., and LABARGA, MUÑIZ, GROSSHANS, FRANCIS,
BARRIOS, and TANENBAUM, JJ., concur.
Original Proceeding – Habeas Corpus
T.R., pro se, Keystone Heights, Florida,
for Petitioner
Sara Elizabeth Goldfarb, Statewide Director of Appeals, and Jaime
Michelle Generazzo, Senior Attorney, Statewide Guardian ad Litem,
Tallahassee, Florida; and Sarah J. Rumph, Appellate Counsel,
Children’s Legal Services, Florida Department of Children and
Families, Tallahassee, Florida,
for Respondents
-6-