final until disposition of timely filed motion for rehearing.
Consolidated appeals from the Circuit Court for the
Seventeenth Judicial Circuit, Broward County; Alberto Ribas,
Jr., Judge; L.T. Case No. 2002-10357 CJ-DP (G, H, I).
P. Ryan, Director and Richard F. Joyce, Special Assistant
Regional Counsel, Office of Criminal Conflict and Civil
Regional Counsel, Fourth District, West Palm Beach, for
appellant, K.G., the mother.
D. Shelby, Fort Lauderdale, for appellant, K.H., the father.
Moody, Attorney General, Tallahassee, and Carolyn Schwarz,
Assistant Attorney General, Children's Legal Services,
Fort Lauderdale, for appellee, Department of Children and
Thomasina F. Moore, Statewide Director of Appeals, and Laura
J. Lee, Senior Attorney, Appellate Division, Statewide
Guardian Ad Litem Office, Tallahassee, for appellee, Guardian
Ad Litem Program.
parents appeal an order of disposition terminating their
parental rights to three children ranging in age from six to
nine. We affirm the final judgment and write to address one
issue raised in the mother's brief.
mother has nine children. Her six oldest children were
removed from her care between 2002-2006, primarily due to her
substance abuse. Her three youngest children are the subject
of the present case.
trial court adjudicated the two older children dependent
between 2012 and 2013, and the third child, born during the
pendency of these proceedings, was sheltered when he was two
weeks old and adjudicated dependent in November 2013.
2015, the Department of Children and Family Services filed a
petition for termination of parental rights
("TPR"), which was amended on February 19, 2016.
The trial lasted nine days over an 18-month period,
concluding on May 25, 2018.
months later, on March 29, 2019, the trial court issued a
60-page order of disposition terminating the parents'
parental rights to the three children.
mother argues that the TPR order should be reversed because
it was entered ten months after the conclusion of the trial.
an excessive delay between a non-jury trial and the entry of
an order of disposition may require reversal, a "delayed
ruling does not, standing alone, justify setting aside the
final judgment." Stanfield v. Marquis, 201
So.3d 1283, 1285 (Fla. 5th DCA 2016) (quoting Carnicella
v. Carnicella, 140 So.3d 697, 699 (Fla. 5th DCA 2014)).
To reverse, there must be a "combination of delay plus
an indication that something is seriously amiss on the
merits." Ascontec Consulting, Inc. v. Young,
714 So.2d 585, 587 (Fla. 3d DCA 1998). Examples of serious
problems justifying reversal include "conflicts or
inconsistencies between the trial court's findings at the
time of trial and the ultimate judgment, or significant
findings not supported by the record."
Stanfield, 201 So.3d at 1285 (quoting
Carnicella, 140 So.3d at 699); see also Williams
College v. Bourne, 625 So.2d 913 (Fla. ...