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957 So. 2d 559

Docket No. SC06-1396.

ET v. State

E.T., Petitioner, v. STATE of Florida, et al., Respondents.

Supreme Court of Florida

Decided April 26, 2007.

Supreme Court of Florida · decided 2007-04-26

Cited by 5 later decisions — most recently July 2015

5 state decisions

Key passage — most relied on by later courts

“1. DOES FLORIDA RECOGNIZE A CLAIM OF INEFFECTIVE ASSISTANCE OF COUNSEL ARISING FROM A LAWYER'S REPRESENTATION OF A PARENT IN A PROCEEDING FOR THE TERMINATION OF PARENTAL RIGHTS? 2. IF SO, WHAT PROCEDURE MUST BE FOLLOWED TO PURSUE A CLAIM OF INEFFECTIVE ASSISTANCE OF COUNSEL?”

quoted by 2 later decisions, including S.K. v. Department of Children & Family Services, 33 So. 3d 125 - In Re EK

“[t]he issue of ineffective assistance of counsel claims in termination of parental rights cases ... to the Juvenile Court Rules Committee and the Appellate Court Rules Committee for consideration of a rule to address such claims.”

quoted by 1 later decision, including 33 So. 3d 125 - In Re EK

Relies on 930 So. 2d 721 - Et v. State, Dept. of Children and Fams.

Good law ✅— No negative treatment on recordhow we know

Decided 2007-04-26

View the full empirical analysis of this case →

¶1Valentin Rodriguez, Jr. of Valentin Rodriguez, P.A., West Palm Beach, FL, for Petitioner.

¶2Julie H. Littky-Rubin of Lytal, Reiter, Clark, Fountain and Williams, LLP and Amy J. Genet of Foster Children's Project of Legal Aid, West Palm Beach, FL, on behalf of Foster Children's Project; John J. Copelan, Jr., General Counsel, Gregory D. Venz, Assistant General Counsel and Jeffrey Dana Gillen, Senior Attorney, West Palm Beach, FL, on behalf of Florida Department of Children and Family Services; and Dennis W. Moore, General Counsel and Thomas Wade Young, Appellate Counsel, Orlando, FL, on behalf of Statewide Guardian ad Litem Program, for Respondents.

¶3PER CURIAM.

¶4We initially accepted jurisdiction to review the decision of the Fourth District Court of Appeal in E.T. v. State,930 So.2d 721 (Fla. 4th DCA 2006). The district court ruled upon the following question, which the court certified to be of great public importance:

(1) DOES FLORIDA RECOGNIZE A CLAIM OF INEFFECTIVE ASSISTANCE OF COUNSEL ARISING FROM A LAWYER'S REPRESENTATION OF A PARENT(S) IN A PROCEEDING FOR THE TERMINATION OF PARENTAL RIGHTS?
(2) IF SO, WHAT PROCEDURE MUST BE FOLLOWED TO PURSUE A CLAIM OF INEFFECTIVE ASSISTANCE OF COUNSEL?

¶5Id. at 729. We have jurisdiction. See art. V, § 3(b)(4), Fla. Const.

¶6Upon further consideration, we have now determined that because the children have been adopted the case is moot. Because the case is moot, we exercise our discretion and discharge jurisdiction. The issue of ineffective assistance of counsel claims in termination of parental rights cases will be referred to the Juvenile Court Rules Committee and the Appellate Court Rules Committee for consideration *560 of a rule to address such claims. Accordingly, this review proceeding is hereby dismissed.

¶7It is so ordered.

¶8LEWIS, C.J., and WELLS, ANSTEAD, PARIENTE, QUINCE, CANTERO, and BELL, JJ., concur.

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