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Florida Statute 39.815 | Lawyer Caselaw & Research
F.S. 39.815 Case Law from Google Scholar
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Link to State of Florida Official Statute Google Search for Amendments to 39.815

The 2023 Florida Statutes (including Special Session C)

Title V
JUDICIAL BRANCH
Chapter 39
PROCEEDINGS RELATING TO CHILDREN
View Entire Chapter
F.S. 39.815
39.815 Appeal.
(1) Any child, any parent or guardian ad litem of any child, any other party to the proceeding who is affected by an order of the court, or the department may appeal to the appropriate district court of appeal within the time and in the manner prescribed by the Florida Rules of Appellate Procedure. The district court of appeal shall give an appeal from an order terminating parental rights priority in docketing and shall render a decision on the appeal as expeditiously as possible. Appointed counsel shall be compensated as provided in s. 27.5304(6).
(2) An attorney for the department shall represent the state upon appeal. When a notice of appeal is filed in the circuit court, the clerk shall notify the attorney for the department, together with the attorney for the parent, the guardian ad litem, and any attorney for the child.
(3) The taking of an appeal does not operate as a supersedeas in any case unless the court so orders. However, a termination of parental rights order with placement of the child with a licensed child-placing agency or the department for subsequent adoption is suspended while the appeal is pending, but the child shall continue in an out-of-home placement under the order until the appeal is decided.
(4) The case on appeal must be docketed and any papers filed in the appellate court must be titled with the initials, but not the name, of the child and the court case number, and the papers must remain sealed in the office of the clerk of the appellate court when not in use by the appellate court and may not be open to public inspection. The decision of the appellate court must be likewise titled and may refer to the child only by initials and court case number.
(5) The original order of the appellate court, with all papers filed in the case on appeal, must remain in the office of the clerk of the appellate court, sealed and not open to inspection except by order of the appellate court. The clerk of the appellate court shall return to the circuit court all papers transmitted to the appellate court from the circuit court, together with a certified copy of the order of the appellate court.
History.s. 9, ch. 87-289; s. 22, ch. 90-306; s. 1, ch. 90-309; s. 15, ch. 92-170; s. 42, ch. 94-164; s. 97, ch. 98-403; s. 50, ch. 99-193; s. 59, ch. 2003-402; s. 22, ch. 2007-62.
Note.Former s. 39.473.

F.S. 39.815 on Google Scholar

F.S. 39.815 on Casetext

Amendments to 39.815


Arrestable Offenses / Crimes under Fla. Stat. 39.815
Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 39.815.



Annotations, Discussions, Cases:

Cases from cite.case.law:

IN RE AMENDMENTS TO FLORIDA RULES OF JUVENILE PROCEDURE AND FLORIDA RULE OF APPELLATE PROCEDURE, 213 So. 3d 803 (Fla. 2017)

. . . Circuit Judge NOTICE Under section 39.815, Florida Statutes, any child, any parent, guardian ad litem . . . Circuit Judge Copies furnished to:= NOTICE Under section 39.815, Florida Statutes, any child, any parent . . .

J. B. v. FLORIDA DEPARTMENT OF CHILDREN AND FAMILIES,, 170 So. 3d 780 (Fla. 2015)

. . . Subsection 39.815(1), Florida Statutes (2007), already requires that the district courts “shall give . . .

S. M. v. DEPARTMENT OF CHILDREN AND FAMILIES,, 33 So. 3d 837 (Fla. Dist. Ct. App. 2010)

. . . . §§ 39.01(51), 39.501(1), 39.815(1), Fla. Stat. (2009). . . .

In AMENDMENTS TO THE FLORIDA RULES OF JUDICIAL ADMINISTRATION, THE FLORIDA RULES OF JUVENILE PROCEDURE, AND THE FLORIDA RULES OF APPELLATE PROCEDURE- IMPLEMENTATION OF THE COMMISSION ON DISTRICT COURT OF APPEAL PERFORMANCE AND ACCOUNTABILITY RECOMMENDATIONS, 24 So. 3d 47 (Fla. 2009)

. . . NOTICE Under section 39.815, Florida Statutes, any child, any parent, guardian ad litem, or legal custodian . . . Copies furnished to: NOTICE Under section 39.815, Florida Statutes, any child, any parent, guardian ad . . .

R. H. B. H. v. DEPT. OF CHILDREN AND FAMILY SERVICES,, 994 So. 2d 1153 (Fla. Dist. Ct. App. 2008)

. . . Section 39.815(1), Florida Statutes (2007), limits appeals after the termination of parental rights to . . .

C. M. F. M. E. L. a v. DEPARTMENT OF CHILDREN AND FAMILIES,, 981 So. 2d 1272 (Fla. Dist. Ct. App. 2008)

. . . proceedings below, see § 39.01(50), Florida Statutes (2007), they lack standing to bring this appeal, see § 39.815 . . .

A. W. In B. W. a v. DEPARTMENT OF CHILDREN AND FAMILIES,, 969 So. 2d 496 (Fla. Dist. Ct. App. 2007)

. . . We have jurisdiction to review this ruling pursuant to section 39.815, Florida Statutes (2006). . . .

E. K. v. DEPARTMENT OF CHILDREN AND FAMILY SERVICES,, 948 So. 2d 54 (Fla. Dist. Ct. App. 2007)

. . . We have jurisdiction, section 39.815, Florida Statutes (2004); Florida Rules of Appellate Procedure 9.146 . . .

In P. G. a W. G. v. Ad, 944 So. 2d 443 (Fla. Dist. Ct. App. 2006)

. . . . § 39.815(1), Fla. Stat. (2005). . . . The rule fulfills the statutory mandate of section 39.815(1). O.M. v. . . . termination of parental rights, notice of appeal dated [date to be inserted here], which, pursuant to section 39.815 . . .

In AMENDMENTS TO THE FLORIDA RULES OF JUVENILE PROCEDURE THREE YEAR CYCLE, 939 So. 2d 74 (Fla. 2006)

. . . (city and county) ., Florida Circuit Judge NOTICE Under section 39.815, Florida Statutes, any child, . . .

In R. B. a D. K. B. v., 890 So. 2d 1288 (Fla. Dist. Ct. App. 2005)

. . . Nothing in the legislative history of section 39.510(1) or section 39.815 suggests that the legislature . . .

N. S. H. v. FLORIDA DEPARTMENT OF CHILDREN AND FAMILY SERVICES,, 843 So. 2d 898 (Fla. 2003)

. . . Section 39.815(1) of the Florida Statutes mandates that district courts of appeal give “an appeal from . . . in docketing” and requires a decision to be rendered “on the appeal as expeditiously as possible.” § 39.815 . . .

In M. A. D. T. A. D. v. G. S. C. J. A. D. A. T. C. G. A., 812 So. 2d 509 (Fla. Dist. Ct. App. 2002)

. . . Florida Rule of Appellate Procedure 9.146(c)(2) and section 39.815(3), Florida Statutes (2001), both . . . opinion adopting the amendments indicates that rule 8.275(a) was necessitated by the enactment of section 39.815 . . . Consequently, rule 8.275(a) should be read in accord with section 39.815(3) as providing for an automatic . . . In summary, we find that rule 9.146(c)(2), section 39.815(3), and rule 8.275(a) provide that orders granting . . .

IN RE AMENDMENTS TO THE FLORIDA RULES OF JUVENILE PROCEDURE, 725 So. 2d 296 (Fla. 1998)

. . . Circuit Judge NOTICE Under section 39.815, Florida Statutes, any child, any parent, guardian ad litem . . . Circuit Judge Copies furnished to: NOTICE Under section 39.815, Florida Statutes, any child, any parent . . .