M.S., the mother, Appellant, v. DEPARTMENT OF CHILDREN FAMILIES (2001)

District Court of Appeal of Florida,Fourth District.

M.S., the mother, Appellant, v. DEPARTMENT OF CHILDREN & FAMILIES, Appellee.

No. 4D01-528.

Decided: June 20, 2001

Judith B. Migdal-Mack of Migdal & Migdal, P.A., Boynton Beach, for appellant. Charles D. Peters, West Palm Beach, for appellee. Rebecca J. Mercier and Jane Kreusler-Walsh of Jane Kreusler-Walsh, P.A., pro bono counsel through the Juvenile Advocacy Project of the Legal Aid Society of Palm Beach County, West Palm Beach, for E.W. and C.W.

We affirm the order entered by the trial court granting the Department of Children and Families' Motion for Emergency Medical Services to immunize the minor children in the temporary legal custody of the Department. See M.W. v. Davis, 756 So.2d 90 (Fla.2000). We also vacate the emergency stay of the trial court's order previously granted by this court.

Appellant, M.S., also argues for the first time on appeal that the trial court violated her constitutional rights by granting the Department's motion. Constitutional issues are waived unless they are first presented in the trial court. See Fleischer v. Fleischer, 586 So.2d 1253,1254 (Fla. 4th DCA 1991); see also Reese v. State, Dep't of Transp., 743 So.2d 1227 (Fla. 4th DCA 1999).

AFFIRMED; EMERGENCY STAY VACATED.

PER CURIAM.

STEVENSON, SHAHOOD and HAZOURI, JJ., concur.

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