Third District Court of Appeal
State of Florida
Opinion filed October 19, 2016.
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No. 3D16-1792
Lower Tribunal No. 13-15647
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L.A., the mother,
Appellant,
vs.
Department of Children & Families, et al.,
Appellees.
An Appeal from the Circuit Court for Miami-Dade County, Martin Zilber,
Judge.
Eugene F. Zenobi, Criminal Conflict and Civil Regional Counsel, Third
Region, and Kevin Coyle Colbert, Assistant Regional Counsel, for appellant.
Karla Perkins, Appellate Counsel for the Department of Children &
Families; Laura J. Lee (Sanford), Appellate Counsel for the Guardian ad Litem
Program, for appellees.
Before SHEPHERD, LAGOA and EMAS, JJ.
SHEPHERD, J.
ON CONCESSION OF ERROR
Upon the Department of Children and Families’ and the Guardian ad Litem
Program’s appropriate concession of error in the trial court’s sua sponte order
placing the minor children, C.Y., N.Y. and T.Y., in permanent guardianship with
the paternal grandmother, without notice to the mother as well as without an
evidentiary hearing, in violation of the mother’s due process rights, we reverse and
remand for an evidentiary hearing. See In re K.M., 86 So. 3d 556 (Fla. 2d DCA
2012).
Reversed and remanded for further proceedings.
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