In re AS, 1D05-4019.
| Decision Date | 26 August 2005 |
| Docket Number | No. 1D05-4019.,1D05-4019. |
| Parties | In re A.S., a minor. |
| Court | Florida District Court of Appeals |
Leslie A. Goller of Terrell Hogan Law Firm, Jacksonville; Deborah A. Schroth of Florida Legal Services, Inc., Orange Park; and Rebecca Harrison Steele of ACLU Foundation of Florida, Inc., Tampa.
In this appeal from a final order by which the trial court dismissed the appellant minor's petition for judicial waiver of parental notice of termination of pregnancy, the appellant asserts that her petition must be deemed granted because the trial court did not render a final order on the petition within the 48-hour period specified in section 390.01114(4)(b), Florida Statutes (2005). Because no final order was entered within the time specified in this controlling statute, we reverse the final order and remand with directions that the trial court promptly enter an order granting the appellant's petition and directing the clerk of the circuit court to place a certificate to this effect in the file and provide the appellant with a certified copy of the certificate.
On August 11, 2005, the appellant filed her petition for judicial waiver of the parental notification as specified in section 390.01114, and a hearing on the petition was conducted on August 12, 2005. Later on August 12, 2005, the trial court entered an order by which the appellant's petition was "dismissed without prejudice to amend or supplement." The appellant filed an amended petition which was finally dismissed by the August 19, 2005, final order under review.
Section 390.01114(4), relating to the judicial waiver of parental notification procedures to be followed in the trial courts, and Florida Rule of Appellate Procedure 9.110(n), relating to the procedures to be followed in the district courts of appeal in appeals from final orders dismissing petitions for judicial waiver of parental notification, are characterized by at least two unmistakable objectives: speed and finality. The trial court is required to "rule ... within 48 hours after the petition is filed," and although the minor may request an extension, "[i]f the court fails to rule within the 48-hour period and an extension has not been requested, the petition is granted, and the notice requirement is waived." § 390.01114(4)(b), Fla. Stat. (2005). This same theme is carried over into rule 9.110(n), which provides that "[t]he district court of appeal shall render its decision on the appeal as expeditiously as possible and no later than 10 days from the filing of the notice of appeal[,]" and "[i]f no decision is rendered within the foregoing time period, the order shall be deemed reversed, the petition shall be deemed granted, and the clerk shall place a certificate to this effect in the file and provide the minor with a certified copy of the certificate." The foregoing provisions of the statute and the rule clearly mean that the trial court is allowed only two days to complete its work on the case (unless the time has been extended at the request of the minor), that the district court of appeal is allowed only ten days to complete its work on the case, and that if either of these courts fails to complete its work...
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In re Doe
...the circuit court does not rule on a waiver petition within 48 hours, it is deemed granted. § 390.01114(4)(b); see also In re A.S., 909 So.2d 524 (Fla. 1st DCA 2005). At the same time, the statute calls for an expedited appeal of an order denying a waiver petition. § 390.01114(4)(f). The le......
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In re Doe
...deemed granted." Id. (citations omitted). We supported that passage with a citation to the First District's decision in In re A.S., 909 So.2d 524 (Fla. 1st DCA 2005), in which it was held that the 48-hour period had expired and that the bypass petition was deemed granted after the circuit c......
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In re Doe 07-B
...390.01114." In re Doe 06-C, 948 So.2d 30, 33 (Fla. 1st DCA 2006) (citing In re Doe, 932 So.2d 278 (Fla. 2d DCA 2005), and In re A.S., 909 So.2d 524 (Fla. 1st DCA 2005)). In Doe, the Second District Court of Appeal stated that remand for the purpose of supplying appropriate findings of fact ......
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In re Doe
...without delay and within the time limits specified in section 390.01114. See In re Doe, 932 So.2d 278 (Fla. 2d DCA 2005); In re A.S., 909 So.2d 524 (Fla. 1st DCA 2005). Our reversal of the order under review was therefore accompanied by an instruction for the trial judge to grant the appell......