[DOWNLOAD] "Smith v. Hooligans Pub & Oyster Bar" by Florida Court of Appeal * Book PDF Kindle ePub Free

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eBook details

• Title: Smith v. Hooligans Pub & Oyster Bar
• Author : Florida Court of Appeal
• Release Date : January 16, 2000
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 63 KB

Description

Appellant appeals the trial courts final order terminating her parental rights pursuant to a settlement agreement between the parties. As grounds, Appellant argues that because she never signed the offer of settlement, the settlement contract was void ab initio; the settlement contract was void as against public policy and contravenes the legislative intent of chapter 39, Florida Statutes (2000); her signed surrenders of her children were executed under duress and withdrawn; and her due process rights were violated because the statutory elements necessary for termination of parental rights were not established by clear and convincing evidence in an adjudicatory hearing, as required by section 39.809(1), Florida Statutes (2000). Appellee, the Department of Children and Families (Department), contends there is no evidence that Appellant moved to withdraw her surrenders or otherwise requested the court to find her surrenders were obtained through fraud or duress, and the final order found, by clear and convincing evidence, that Appellant failed to substantially comply with her case plan. We agree with Appellant that the settlement contract providing for her executed surrenders and consents to be delivered for use by the Department should Appellant default under her case plan contravenes the legislative intent of section 39.806(1)(a), Florida Statutes (2000), and is void as against public policy. Accordingly, we reverse and remand.

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