DEPARTMENT OF CHILDREN AND FAMILIES v. K.H. the Mother and A.A. the Father, Appellees. (2006)

District Court of Appeal of Florida,Fifth District.

DEPARTMENT OF CHILDREN AND FAMILIES, Appellant, v. K.H. the Mother and A.A. the Father, Appellees.

No. 5D05-4304.

Decided: September 15, 2006

Charles D. Peters, Orlando, for Appellant. Sean F. Bogle of Law Offices of Sean F. Bogle, P.A., Altamonte Springs, for Appellee K.H. J. Manuel Acevedo, Sanford, for Appellee A.A.

In this dependency action, Appellant challenges the lower court's summary dismissal of the petition prior to the conclusion of the adjudicatory hearing. We reverse.

During an adjudicatory hearing on Appellant's petition for dependency, the trial court, sua sponte, summarily dismissed the petition after Appellant's first witness had testified but before Appellant had concluded presenting evidence in support of the petition. In so doing, the lower court violated Appellant's right to due process. Therefore, the order is reversed and this matter is remanded with instructions that the court conduct a new hearing on Appellant's petition.

REVERSED and REMANDED.

PER CURIAM.

PALMER, ORFINGER and TORPY, JJ., concur.

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