Date: 07-17-2013

Case Style: A.D., the father of Ke.Q. v. Department of Children and Families

Case Number: 3D13-0800

Judge: Suarez

Court: Florida Court of Appeal, Third District on appeal from the Circuit Court, Miami-Dade County

Plaintiff's Attorney: Richard F. Joyce, for appellant.

Defendant's Attorney: Karla Perkins for the Department of Children and Families and Hillary S.
Kambour for the Guardian Ad Litem Program.

Description: The Appellant, A.D., as the father of Ke.Q., seeks to reverse the trial court’s
final judgment terminating the parental rights of Ke.Q.’s mother. The Appellant

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argues that he was denied due process when the trial court refused to appoint
counsel for him at the Mother’s termination of parental rights proceedings and as a
result, he was also denied his right to be heard at her trial.

Florida Rule of Appellate Procedure 9.146 permits “any parent . . . to the
proceeding affected by an order of the lower tribunal” to appeal the final judgment.
(Emphasis added). “[I]ndividuals who were ‘not parties to the proceedings below,’
lack standing to bring an appeal.” R.H. v. Dep’t of Children & Family Servs., 994
So. 2d 1153, 1155 (Fla. 3d DCA 2008) (quoting C.M. v. Dep’t of Children &
Families, 981 So. 2d 1272, 1272 (Fla. 1st DCA 2008)). The Appellant was not
affected by the order of the lower tribunal terminating the Mother’s parental rights.

Although the Appellant was a party to Ke.Q.’s dependency proceeding, he was not
a party to the Mother’s termination of parental rights proceeding. Therefore, he
lacks standing to seek reversal.

Outcome: We dismiss the Appellant’s appeal for lack of standing.

Plaintiff's Experts:

Defendant's Experts:

Comments: