The 2023 Florida Statutes (including Special Session C)

Title V
JUDICIAL BRANCH

Chapter 39
PROCEEDINGS RELATING TO CHILDREN

View Entire Chapter

F.S. 39.510

39.510 Appeal.—

(1) Any 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. Appointed counsel shall be compensated as provided in this chapter.

(2) When the notice of appeal is filed in the circuit court by a party other than the department, an attorney for the department shall represent the state and the court upon appeal and shall be notified of the appeal by the clerk.

(3) The taking of an appeal shall not operate as a supersedeas in any case unless pursuant to an order of the court, except that a permanent order of commitment to a licensed child-placing agency or the department for subsequent adoption shall be suspended while the appeal is pending, but the child shall continue in custody under the order until the appeal is decided.

(4) The case on appeal shall be docketed, and any papers filed in the appellate court shall be entitled, with the initials but not the name of the child and the court case number, and the papers shall remain sealed in the office of the clerk of the appellate court when not in use by the appellate court and shall not be open to public inspection. The decision of the appellate court shall be likewise entitled and shall 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, shall 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. 20, ch. 78-414; s. 11, ch. 84-311; s. 9, ch. 90-306; s. 8, ch. 92-170; s. 72, ch. 98-403; s. 34, ch. 99-193.

Note.—Former s. 39.413.

F.S. 39.510 on Google Scholar

F.S. 39.510 on Casetext

Amendments to 39.510

Arrestable Offenses / Crimes under Fla. Stat. 39.510

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 39.510.

Annotations, Discussions, Cases:

Cases from cite.case.law:

DEPARTMENT OF CHILDREN AND FAMILIES, v. S. A. E. A. A. A. E., 184 So. 3d 615 (Fla. Dist. Ct. App. 2016)

. . . See § 39.510, Fla. Stat. . . .

In B. R. C. M. a, 182 So. 3d 749 (Fla. Dist. Ct. App. 2015)

. . . conceded, the purpose of the dependency provisions of Chapter 39 of the Florida Statutes, §§ 39.501-39.510 . . .

In J. B. a v. Ad, 101 So. 3d 407 (Fla. Dist. Ct. App. 2012)

. . . It is true that section 39.510(1) purports to limit appellate standing in dependency actions. . . . .” § 39.510(1) (emphasis added). See D.M. v. . . . Dep’t of Children & Families, 978 So.2d 211, 213-14 (Fla. 2d DCA 2008) (noting that section 39.510(1) . . . Thus, despite the apparent limitation in section 39.510, we conclude that we have jurisdiction to consider . . .

In M. V. B. a C. V. M. P. B. P. v. Ad, 19 So. 3d 381 (Fla. Dist. Ct. App. 2009)

. . . See § 39.510, Fla. Stat. (2007); A.G. v. . . . Section 39.510 allows a party who is affected by “an order of the court” to appeal the order. . . .

In K. M. a D. M. v. T. W. Ad, 978 So. 2d 211 (Fla. Dist. Ct. App. 2008)

. . . Section 39.510(1) provides that “[a]ny party to the proceeding who is affected by an order of the court . . . “Participants” are not included in the list of entities that may appeal a dependency action. § 39.510 . . . On its face, rule 9.146(b) contradicts section 39.510(1), which does not list “legal custodian” as an . . . This provision was amended and renumbered as section 39.510 and then further amended to delete “legal . . . (renumbering section 39.413 as section 39.510; effective October 1, 1998); ch. 99-193, § 34, Laws of . . .

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

. . . See §§ 39.510(1) (relating to dependency proceedings), .815, Fla. Stat. (2003). . . . Nothing in the legislative history of section 39.510(1) or section 39.815 suggests that the legislature . . .

V. P. As T. P. A v. DEPARTMENT OF CHILDREN FAMILIES,, 746 So. 2d 590 (Fla. Dist. Ct. App. 1999)

. . . See § 39.510(1), Fla. Stat. See also Fla. R.App. P. 9.040(c). . . .