Department of Children and Families v. A.M.
The trial court granted the parents' motions for judgment of dismissal at the close of DCF's case in a termination-of-parental-rights trial, while simultaneously adjudicating the children dependent. The Third District reversed, holding that a Rule 8.525(h) motion for judgment of dismissal is akin to a directed verdict, so the evidence must be viewed in the light most favorable to the Department, and under that standard DCF made a prima facie case of termination under sections 39.806(1)(l) and (1)(c) as to the mother and (1)(b) and (1)(c) as to the fathers.
Key facts
- Department of Children and Families sought to terminate parental rights of A.M.'s mother and two fathers based on abandonment, neglect, and multiple out-of-home placements.
- At the close of DCF's case-in-chief at trial, the trial court granted the parents' motions for judgment of dismissal while simultaneously adjudicating the children dependent.
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Why it matters
The opinion is a useful statement of the standard of review for orders granting judgment of dismissal at the close of the movant's case in dependency/TPR proceedings — the deferential competent-substantial-evidence… — full analysis with a trial
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