TBD | Item 14D (FL Bar's Pro Se Handbook)

If the trial court enters an order adjudicating a child dependent or a final judgment terminating parental rights and the parent wants to appeal that order or final judgment, the parent should tell the court-appointed attorney that he or she wants to appeal. Then, the attorney is required to file a notice of appeal no later than 30 calendar days after the order being appealed is rendered. The date that an order or final judgment is rendered is the date when the order or final judgment is filed in the clerk’s office of the circuit court where the trial was held. The attorney will often also file directions to the clerk to order the record and designation to court reporter to order any hearing transcripts required for the record. If the parent was not found indigent and wants to represent himself or herself on appeal, the parent is responsible for timely filing the notice of appeal, directions to the clerk and designation to the court reporter. (See Chapter 3: Pulling Together the Record on Appeal.) After the notice of appeal is filed in the trial court, the trial court clerk will send it to the district court of appeal that handles the appeals for that circuit court. Rule 9.146 provides the time-frames for the court reporter to complete and file the transcript(s) with the clerk who is responsible for electronic transmission of the record to the appellate court.

Even though dependency and termination cases are similar to criminal appeals in many ways, they are civil cases and the appellate rules concerning civil cases generally apply. Florida Rule of Appellate Procedure 9.146 is specifically related to Chapter 39 appeals. If the appellate rules concerning civil cases is different, then Rule 9.146 controls. An important difference in appeals in Chapter 39 cases is that the law requires appeals involving dependency and termination orders to be handled in an expedited or speedy manner. This means that district courts of appeal give dependency and termination appeals first priority and consider them before other types of appeals. Because the court expedites dependency and termination cases, the typical appeal may be decided in as little as six months.

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ITEM 14D | THE RIGHT TO COUNSEL ON APPEAL FROM DEPENDENCY AND TERMINATION ORDERS

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