Lupinek v. Firth, 92-2936

92-2936 | Fla. Dist. Ct. App. | May 28, 1993

619 So. 2d 379" court="Fla. Dist. Ct. App." date_filed="1993-05-28" href="https://app.midpage.ai/document/lupinek-v-firth-1806518?utm_source=webapp" opinion_id="1806518">619 So.2d 379 (1993)

Thomas LUPINEK, Appellant,
v.
Tom FIRTH and Lisa Firth, Natural Parents, Appellees.

No. 92-2936.

District Court of Appeal of Florida, Fifth District.

May 28, 1993.

Teresa Cooper Ward, St. Petersburg, for appellant.

No appearance for appellees.

GRIFFIN, Judge.

The order appealed, which declared the petitioner's Motion for Termination of Parental Rights a "nullity", is reversed. Pursuant to section 39.461(1), Florida Statutes, and Florida Rule of Juvenile Procedure 8.500(b), appellant, as the child's Guardian Ad Litem, had the authority to file a petition to terminate parental rights. The petition may have been defective but it was not a nullity.

REVERSED and REMANDED.

PETERSON and THOMPSON, JJ., concur.