D.M., etc. v. M.D., etc.

Summary

The Florida Supreme Court discharged jurisdiction and dismissed its review of a Fifth District Court of Appeal decision concerning the denial of a petition to terminate parental rights in connection with a stepparent adoption. The court concluded that the asserted conflict was not apparent on the face of the district court’s opinion and therefore did not establish jurisdiction. A special concurrence and dissent addressed whether the trial court’s failure to make required written findings was harmless error.

Holdings

1. The Supreme Court of Florida lacked jurisdiction because no express and direct conflict was apparent on the face of the Fifth District's opinion.
2. Because jurisdiction was improvidently granted, the Court discharged jurisdiction and dismissed the review proceeding.

Questions Presented

1. Whether the Supreme Court of Florida had jurisdiction to review the Fifth District's decision under the express-and-direct-conflict jurisdiction provision of article V, section 3(b)(3), Florida Constitution.
2. Whether the Fifth District's treatment of the trial court's failure to make statutorily required written findings as harmless error created an express and direct conflict with another Florida appellate decision.

Disposition

dismissed