Department of Children and Families v. N.B.
DCF appealed an order granting 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 and all inferences must be viewed in the light most favorable to the department, and dismissal may be affirmed only if no proper view of the evidence could sustain termination.
Key facts
- Department of Children and Families appealed a trial court order granting parents' motions for judgment of dismissal at the close of DCF's case-in-chief in a termination-of-parental-rights proceeding, while the court simultaneously adjudicated the children dependent.
- The trial court dismissed DCF's termination case after hearing DCF's evidence, finding insufficient proof of grounds for termination under Florida Statutes sections 39.806(1)(b), (c), and (l).
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Why it matters
The opinion is a clean statement of the standard of review that applies when a trial court grants a mid-trial judgment of dismissal in dependency/TPR proceedings — directed-verdict standards, light most favorable to the… — full analysis with a trial
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